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THE 

CONSTITUTIONS 


OF  THE 


STATES  AT  WAR 


1914-1918 


EDITED  BY 


HERBERT  F. /WRIGHT 


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GOVERNMENT  PRINTING  OFFICE 

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PREFACE. 

This  collection  of  Constitutions  comprises  the  Constitutions  of 
only  those  States  at  war  in  1914-1918  which  were  independent  or 
quasi-independent  (that  is,  under  "  the  sphere  of  influence "  of 
strictly  sovereign  States)  prior  to  1  August  1914.  And  among  these 
States  have  been  included  not  only. those  which  formally  declared 
war,  but  also  those  whose  territory  has  been  the  scene  of  military 
operations,  albeit  against  their  will. 

In  each  case  the  constitutional  document  published  is  the  most 
recent  available  one,  whether  it  was  framed  or  amended  prior  to  the 
war  or  thereafter,  provided,  of  course,  that  the  war  was  not  directly 
responsible  for  it.  The  documents  for  each  State  are  preceded  by  a 
brief  historical  mise  en  scene.  Original  texts  of  documents  appear 
only  when  drawn  up  in  English;  where  the  original  is  in  some 
language  other  than  English,  it  has  been  printed  here  in  translation. 
Some  of  these  translations  have  been  based  upon  previously  pub- 
lished translations ;  some  are  presented  in  English  here  for  the  first 
time.  And,  although  due  credit  is  given  in  the  footnotes  to  the  source 
from  which  the  translation  is  derived,  the  editor  has  not  hesitated 
to  compare  translations  with  the  original  texts  and  to  freely  revise 
them  whenever  necessary  in  the  interest  of  greater  clearness  and 
uniformity  of  expression.  Nor  has  he  hesitated  to  modify  or  add 
footnotes,  where  such  procedure  seemed  necessary  or  expedient  for  a 
proper  understanding  of  the  text.  For  all  such  revision  he  assumes 
full  and  sole  responsibility.  However,  he  must  plead  the  lack  of  time 
and  the  unavailability  of  material  as  excuses  for  any  unevenness  in 
the  matter  of  footnotes. 

An  effort  has  been  made  to  supply  at  least  one  reference  in  the 
footnotes  to  a  French  text  or  translation  of  each  document,  but  where 
other  sources  have  been  immediately  available  in  fairly  accessible 
works,  these  likewise  have  been  indicated.  For  this  purpose,  use  has 
been  made  of  collections  of  Constitutions  rather  than  of  individual 
prints  or  annotated  texts,  and  the  following  works  are  the  ones  which 
have  been  most  frequently  used : 

Annuaire  de  JcgUlation  eirangere,  vols.  1-44. 
Bntish  and  Foreign  State  Papers,  vols.  1-108. 
Dareste,  F.  R.,  et  p.  Darerte,   Les  Cotistitutionfi  inodemes   (3d 

edition,  Paris,  1910),  2  vols. 
DoDD,  W.  F.,  Modern  Con.stittitio7i8  (Chicago,  1909),  2  vols. 
PosENER,  Paul,  Die  Staatsverfassunr/en  des  Erdhalls  (Charlotten- 

burg,  1909). 
Rodriguez.    J.    I.,    American    Constitutions    (Washinjjton,    1906), 

2  vols. 

in 

412119 


IV  PREFACE. 

As  bibliographies  of  texts  and  commentaries  appear  in  Dareste's 
and  Dodd's  collections,  it  has  not  been  deemed  necessary  to  print  such 
lists  here.  For  the  various  treaties  referred  to  in  the  prefatory  his- 
torical notes  the  reader  is  referred  to  Tetot,  Ribier  and  similar  treaty 
catalogues. 

Finall}',  the  editor  Avishes  to  express  his  great  indebtedness  and 
grateful  appreciation  to  his  friend  and  former  colleague.  Prof. 
Francis  J.  Hemelt,  of  the  Catholic  University  of  America,  for  the 
valuable  cumulative  and  analytical  index;  to  Miss  Alice  M.  Ball 
and  Miss  Ruth  E.  Stanton,  for  their  invaluable  assistance  in  matters 
of  accuracy  and  nicety  of  translation  as  well  as  for  their  generous 
aid  in  expediting  the  work  through  the  press;  and  to  the  Govern- 
ment Printing  Office,  for  its  prompt  and  whole-hearted  cooperation 
from  beginning  to  end. 

Herbert  F.  Wright. 

Washington,  28  March  1919. 


I 


CONTENTS. 


Page. 

Albania:  Historical    note 1 

Austria-Hungary : 

1.  The  Dual  Monareliy:  Historical  note 3 

Various  fundamental   laws 4 

2.  Austria  :  Historical  note 11 

Various  fundamental  laws 11 

8.  Hungary  :  Historical   note 25 

Various  fundamental  laws 26 

Belgium:  Historical    note 43 

(^>nstitution  of  7  P'ebruary  1831,  Avitli  amendments  of  7  September  1893-  44 

Brazil:  Historical  note 61 

Constitution  of  24  February  1891 61 

Bulgaria:  Historical  note 87 

Constitution  of  16/28  April  1879,  with  amendments  of  15/27  May  1893 

and  11/24  July  1911 88 

China:  Historical  note 105 

I»rovisional  Constitution  of  11  March  1912 106 

Costa  Rica:  Historical  note 111 

Constitution  of  8  June  1917 111 

Cub^,:  Historical  note 151 

Constitution  of  21  February  1901 152 

Appendix  of  12  June  1901 173 

Egypt:  Historical  note 175 

urpmic  Law  of  21  July  1913 175 

Prance:  Historical  note 191 

Various   fundamental   laws 193 

Germany:    Historical    note . 217 

(Constitution  of  16  April  1871 218 

Great  Britain  and  Ireland:  Historical  note 239 

Various  fundamental   laws 240 

Greece:  Historical  note 261 

Constitution  of  1/14  June  1911 262 

Guatemala:  Historical  note 279 

Constitution  of  11  December  1879 279 

Haiti:  Historical    note 295 

Constitution  of  12  June  1918 295 

Honduras:  Historical  note 315 

Constitution  of '14  October  1894 315 

Italy:  Historical  note 337 

Fundamental  Statute  of  4  March  1848 .    337 

Law  of  Guarantees  of  13  May  1871 347 

JapAn:  Historical   note 351 

Constitution  of  11  February  1889 351 

Liberia:  Historical    note 359 

Constitution  of  26  July  1847,  as  amended  7  May  1907 359 


^rl  CONTEXTS. 

Page, 

Liechtenstein:  Historical  note 375 

Constitution  of  26  September  1862 375 

Luxemburg-:  Historical  note 391 

Constitution  of  17  October  1868 392 

Montenegro:  Historical  note 407 

Constitittion  of  6/19  December  1905 407 

Law  of  28  August  1910  proclaiming  Prince  Nicholas  King 429 

Nicaragua:  Historical   note —  431 

Constitution  of  10  November  1911 431 

Panama.:  Historical  note 457 

Constitution  of  13  February  1904 457 

Legislative  Act  of  14  March  1917  amending  the  Constitution 477 

I*ersia:.  Historical   note 481 

Cqnstitution  of  30  December  1906 482 

Supplementary  Constitutional  Law  of  7  October  1907 489 

Portugal:  Historical  note 499 

Constitution  of  21  August  1911 499 

Roumanla:  Historical  note 51T 

Constitution  of  30  June/12  July  1866,  as  amended  13/25  October  1879 

and  8/20  June  1884 517 

Russia:  Historical  note 537 

Fundamental  Laws  of  23  April/6  May  1906 537 

San  Marino:  Historical  note 549 

Law  of  29  August  1907 549 

S-erbia:  Historical   note 553 

Constitution  of  5/18  June  1903 554 

Siam:   Historical  note 587 

Turkey:  Historical  note 589 

Constitution  of  22  December  1876,  as  amended  in  1909 ri90 

United  States  of  America:  Historical  note 607 

Constitution  of  17  September  1787 608 

Amendments  to  the  Constitution  of  17  September  1787 618 

Index 625 


THE  CONSTITUTIONS 

OF 

THE  STATES  AT  WAR 
1914-1918 


vn 


ALBANIA. 

The  independence  of  Albania,  a  former  province  of  Turkey,  was 
proclaimed  at  Avlona  on  28  November  1912,^  and  a  provisional  gov- 
ernment was  then  formed  under  the  leadership  of  Ismail  Kemal  Bey. 
On  20  December  1912,  the  London  Conference  of  Ambassadoi-s 
agreed  that  there  should  be  an  autonomous  Albania-  and  later  ap- 
proximately defined  the  frontiers  of  the  new  country.  This  Confer- 
ence also  appointed  Prince  William  of  Wied  sovereign  (M-pret), 
to  be  supported  and  advised  by  an  International  Commission  of  Con- 
trol of  six  members.  Prince  William,  having  accepted  the  crown  of 
the  new  country  from  an  Albanian  deputation  which  oifered  it  to 
him  at  Xeuwied  21  February  1914,  arrived  at  Durazzo  on  7  March 
1914,  but  after  the  outbreak  of  the  European  War  fled  from  the  coun- 
try with  most  of  the  members  of  the  Commission.  An  attempt  nuide 
by  Essad  Pasha  to  set  up  a  military  form  of  government  failed  (5 
October  1914)  and  Albania  fell  into  a  state  of  anarchy.  On  25 
December  1914,  the  Italians  captured  Avlona.  No  written  Constitu- 
tion has  yet  been  drafted.^ 

1  Annual  Register,  1912,   p.   356. 

2  Official  statement  issuod  by  the  British  Foreign  Office  and  published  in  the  London 
Times,  21  December  1912. 

3  These  paragraphs  are  based  upon  The  Statesman's  Year-hook  (1918)  and  W.  M. 
Petkovitch,  Albania,  in  The  Encyclopcilia  Awcncanu,  vol.  i  (New  York.  1918),  pp.  324- 
S26. 

1 


AUSTRIA-HUNGARY. 

Austria-Himgary,  which  presents  a  peculiar  condition  of  political 
oro-anization,  may  perhaps  be  more  conveniently  treated  under  tl'v c 
idings:  1.  The  Dual  Monarchy,  2.  Austria,  and  3.  Hungary. 

1.  THE  DUAL  MONARCHY. 

The  unity  of  the  Austro-Hungarian  Monarchy  had  its  origin  in 
the  Pragmatic  Sanction  of  19  April  1713,  whose  principal  objeci 
was  to  outline  the  rules  for  succession  to  the  throne  of  the  Haps- 
burgs,  but  the  measure  of  Hungary's  independence  from  Austrian 
control  was  a  source  of  continual  disturbance,  and  it  was  only  in 
1867  that  the  establishment  of  the  Dual  Monarchy  was  made  pos- 
sible by  Austria's  defeat  at  the  hands  of  Prussia  and  its  exclusion 
from  Germany  and  Italy.  This  event  brought  about  a  more  con- 
ciliatory policy  toward  Hungary's  insistent  demands  for  entire  in- 
dependence in  the  management  of  its  internal  affairs,  and  on  17 
February  1867  the  laws  of  1848,  which  recognized  Hungary  as  an 
independent  monarchy  joined  with  Austria  only  by  the  bonds  of  a 
common  ruler,  w^ere  restored  in  force  by  imperial  order.  To  the 
Hungarian  Diet  was  left  the  final  adoption  of  measures  of  com- 
promise with  Austria.  This  question  was  covered  by  the  Hungarian 
Law  12  of  1867  and  the  Austrian  Law  of  21  December  1867,  both  of 
which  also  made  provision  for  ten-year  treaties  relating  principally 
to  a  uniform  customs  tariff  for  the  two  countries,  the  monetary  sys- 
tem and  Hungary's  quota  of  expenses  of  the  joint  Austro-Hungarian 
government. 

In  1878  when  Bosnia  and  Herzegovina  were  taken  from  Turkey 
and  placed  under  the  control  of  Austria-Hungary  in  accordance  with 
Article  25  of  the  Treaty  of  Berlin,^  identical  laws  were  adopted  in  the 
two  parts  of  the  Empire  for  the  administration  of  these  territories, 
which  w^ere  finally  annexed  by  the  Imperial  Proclamnlinn  of  7  Oc- 
tober 1908.2 


^French  text  in  the  British  and  Foreign  State  Papers,  69:  pp.  749-767:  English 
translation  in  Edward  Hertslet,  Map  of  Europe  hy  Treaty,  vol.  iv  (London,  1891),  pp. 
2750-2790. 

» These  introductorv  paragraphs  are  basod  upon  W.  F.  Dodd.  Modern  CoMtitutionn 
(Chicago,  1909),  vol.  i,  pp.  113-114,  and  F.  R.  Daue.ste  et  V.  Dauemte,  Les  Con»titution9 
modernes    (3d  edition,  Paris,   1010),  vol.   i,  pp.  301-394. 

s 


^•<mi 


co]s^st;t;utk)4TS  of  the  states  at  war. 

ISXT^TOIAN  lAW  OF  21  DECEMBER  1867.^ 

Law  Concerning  the  'Affairs  Common  to  All  of  the  Countries 

OF  THE  Austrian  Monarchy,  and  the  Manner  of  Managing 

Them,  Supplementary  to  the  Constitutional  Law  on 

THE  Representation  of  the  Empire.^ 

Article  1.  The  following  affairs  are  declared  common  to  Austria 
tand  Hungary: 

a.  Foreign  affairs,  including  diplomatic  and  commercial  repre- 
sentation abroad,  as  well  as  measures  relating  to  international  trea- 
ties, reserving  the  right  of  the  representative  bodies  of  both  parts 
of  the  Empire  (Reichsrat  and  Hungarian  Diet)  to  approve  such 
treaties,  in  so  far  as  such  approval  is  required  by  the  Constitution.^ 
Ij.  Military  and  naval  affairs ;  excluding  the  voting  of  contingents 
and  legislation  concerning  the  manner  of  performing  military  serv- 
ice, the  provisions  relative  to  the  local  disposition  and  maintenance 
of  the  army,  the  civil  relations  of  persons  belonging  to  the  army,  and 
their  rights  and  duties  in  matters  not  pertaining  to  the  military 
service. 

c.  The  finances,  with  reference  to  matters  of  common  expense, 
especially  the  establishment  of  the  budget  and  the  examination  of 
accounts. 

Art.  2.  Besides  these,  the  folloAving  affairs*  shall  not  indeed  be 
administered  in  common,  but  shall  be  regulated  upon  uniform  prin- 
•ciples  to  be  agreed  upon  from  time  to  time : 

1.  Commercial  affairs,  especially  customs  legislation.^ 

2.  Legislation  concerning  indirect  taxes  which  stand  in  close 
relation  to  industrial  production. 

3.  The  establishment  of  a  monetary  S3^stem  and  monetary  stand- 
ards. 

4.  Regulations  concerning  railway  lines  which  affect  the  interests 
of  both  parts  of  the  empire. 

5.  The  establishment  of  a  system  of  defense. 
Art.  3.  The  expenses  of  affairs  common  to  both  Austria  and  Hun- 
gary shall  be  borne  by  the  two  parts  of  the  Empire  in  a  proportioi 
to  be  fixed  from  time  to  time  by  an  agreement  between  the  two  legi^ 

1  Translation  based  upon  Dodd,  op.  cit.,  pp.  114-122.  German  text  in  Paul  PosexebJ 
Bie  Staatsverfassungen  des  Erdhalls  (Cliarlottenbuig,  1909),  pp.  736-741.  French  tvana- 
latioa  in  DarestEj  op.  cit.,  pp.  394-403. 

2  The  Hungaraan  Law  12  of  12  June  1867  contains  provisions  applicable  to  Hungary* 
which  are  practically  identical  with  those  of  this  law.  On  this  account  it  is  not  thought 
necessary  to  give  the  text  of  the  Hungarian  law,  although  there  are  some  contradictory 
dispositions  in  the  two  laws.  A  German  translation  of  the  Hungarian  Law  appears  in 
PosEXER,  op.  cit.,  pp.  741-752,  and  French  translation  in  Daueste,  op.  cit.,  pip.  403-423. 

3  The  attributions  of  the  Minister  of  Foreign  Affairs  are  fixed  by  the  imperial  decision 
i   12  April  and  27  May  1852. 

*  Articles  52  ct  scq.  of  the  Hungarian  Law  do  not  carry  this  obligation. 
5  See  Dareste,  op.  cit.,  p.  395,  note  3. 


AUSTRIA-HUNGARY:   THE  DUAL  MONARCHY.  ^ 

lative  bodies  (Reichsrat  and  Diet),  approved  by  the  Emperor  If 
an  agreement  can  not  be  reached  between  the  two  representative 
bodies,  the  proportion  shall  be  fixed  by  the  Emperor,  but  for  the 
term  of  one  year  only.^  The  method  of  defraying  its  quota  of  the 
common  expense  shall  belong  exclusively  to  each  of  the  parts  of  the 
Empire.^ 

Nevertheless,  joint  loans  may  be  made  for  affairs  of  commcm  in- 
terest; in  such  a  case  all  that  relates  to  the  negotiation  of  the  loan, 
as  well  as  the  method  of  employing  and  repaying  it.  shall  be  de- 
termined in  common.^ 

The  decision  as  to  whether  a  joint  loan  shall  be  Jiiade  is  resei-ved 
for  legislation  by  each  of  the  two  parts  of  the  Empire. 

Art.  4.  The  contribution  towards  the  expense  of  the  present  public 
debt  shall  be  determined  by  an  agreement  between  the  two  parts  of 
the  Empire.* 

Art.  5.  The  administration  of  common  affairs  shall  be  conducted 
by  a  joint  responsible  ministry,  which  is  forbidden  to  tlirect  at  the 
same  time  the  administration  of  the  joint  affairs  and  those  of  either 
part  of  the  Empire. 

The  regulation  of  the  management,  conduct,  and  internal  organi- 
zation of  the  joint  army  shall  belong  exclusively  to  the  Emperor. 

Art.  6.  The  legislative  power  ^  belonging  to  the  legislative  bodies^ 
of  each  of  the  tw-o  parts  of  the  Empire  (Reichsrat  and  Hungarian 
Diet)  shall  be  exercised  by  them,  in  so  far  as  it  relates  to  joint  af- 
fairs, by  means  of  delegations. 

Art.  7.  The  delegation  from  the  Reichsrat  shall  consist  of  60 
members,  of  w^hom  one  third  shall  be  taken  from  the  House  of 
Lords  and  two  thirds  from  the  House  of  Representatives." 

Art.  8.  The  House  of  Lords  shall  choose  its  20  members  of  tlie 
delegation  from  among  its  own  members  by  a  majority  vote. 

^  This  phrase  is  omitted  in  the  Hungarian  Law  (Article  21). 

2  By  Section  36  of  this  law  agreement  regarding  the  distribution  of  the  expense  of  affairs' 
adniinist-'red  in  common  is  reached  l)y  means  of  deputations  from  the  Austrian  K«'lch'*rnt 
and  the  Hungarian  Diet.  Each  deputation  is  composed  of  15  members.  By  a  law  ot  24 
Decemlicr  1867  the  ratio  was  fixed  for  10  years  as  70  per  cent  for  Austria  and  30  p«'r 
cent  for  Hungary.  New  ten-year  agreements  were  made  by  Laws  of  27  June  1K78  and 
21  May  1887.  No  new  agreement  has  been  made  since  1897.  and  the  quota  of  the  two 
parts  of  the  monarchy  has  l)ei'n  annually  fixed  by  thc.Kmperor  as  (56 j;  per  cent  for 
Austria  and  33/,  pei  cent  for  Hungary.  \  new  agreement,  signed  on  8  October  19<>7, 
and  approved  by  the  Hungarian  Diet  and  Austrian  Reichsrat,  fixes  Hungary's  quota 
of  common  expenses  as  3(5.4  i)er  cent. 

•■'No  loan  of  this  kind  has  yet  been  contracted. 

*  By  a  law  of  24  December  1867  Hungary  made  a  permanent  agreement  to  pay 
21>.1S8.()00  florins  annually  toward  the  interest  of  the  public  debt:  this  whs  In  1S«57 
nearly  24  per  cent  of  the  total  joint  debt  and  30  per  cent  of  the  Interest  after  the  <lr«- 
duction  of  25.000,000  florins  of  the  debt,  for  which  Hungary  refused  to  assume  any 
responsibility. 

»This  power  is  expressly  refused  to  the  delegations  by  the  Hungarian  Law  (Article  37). 

«By  Hungarian  Law  30  of  1868  5  members  of  the  Hungarian  delej:ntlon  mn-t  l»e 
chosen  from  among  the  Croatian  members  of  the  Hungarian  Diet.  4  from  the  House  of 
Representatives,  and  1  from  the  Table  of  Magnates.  The  Hungarian  d. ••.•■'•> •!■'!'  '-  "U-v 
composed  of  60  members. 


6  CONSTITUTIONS   OF   THE    STATES   AT   WAK. 

The  40  members  to  be  chosen  by  the  House  of  Eepresentatives 
shall  be  so  elected  that  the  deputies  from  each  provincial  diet  may 
elect,  in  comformity  with  the  following  apportionment,  a  certain 
number  of  delegates,  who  may  be  chosen  from  among  themselves  or 
from  the  House  at  large. 

By  majority  vote  the  deputies  from  the  Kingdom  of  Bohemia 
shall  elect  10;  the  Kingdom  of  Dalmatia,  1;  the  Kingdom  of  Galicia 
and  Lodomeria,  with  the  Grand  Duchy  of  Cracow,  7 ;  the  Archduchy 
of  Lower  Austria,  3 ;  the  Archduchy  of  Upper  Austria,  2 ;  the  Duchy 
of  Salzburg,  1;  the  Duchy  of  Styria,  2;  the  Duchy  of  Carinthia,  1: 
the  Duchy  of  Carniola,  1 ;  the  Duchy  of  BukoAvina,  1 ;  the  Margra- 
vate  of  Moravia,  4;  the  Duchy  of  Upper  and  Lower  Silesia,  1;  the 
Princely  County  of  Tyrol,  2;  the  Territory  of  Vorarlberg,  1;  th< 
Margravate  of  Istria,  1 ;  the  Princely  County  of  Gorz  and  Gradiskaj 
1 ;  the  city  of  Triest  with  its  territory,  1. 

Art.  9.  In  the  same  way  each  house  of  the  Reichsrat  shall  elect 
substitutes  of  delegates,  of  whom  10  shall  be  chosen  by  the  House  oJ 
Lords  and  20  by  the  House  of  Representatives. 

The  number  of  substitutes  to  be  chosen  by  the  House  of  Represent- 
latives  shall  be  so  apportioned  that  there  shall  be  one  substitute  foi 
every  one  to  three  delegates,  and  two  substitutes  for  every  four  oi 
more  delegates.  The  election  of  each  substitute  shall  take  place 
separately. 

Art.  10.  Delegates  and  their  substitutes  shall  be  elected  annually 
hj  the  two  houses  of  the  Reichsrat. 

The  delegates  and  substitutes  shall  retain  their  functions  until 
^the  new  election. 

Members  of  the  delegation  are  eligible  for  reelection. 
Art.  11.  The  delegations  shall  be  convened  annually  by  the  Em- 
peror, who  shall  determine  the  place  of  their  meeting. 

'  Art.  12.  The  delegation  from  the  Reichsrat  shall  elect  a  president 
•and  vice  president  from  among  its  own  members,  and  choose  also  its 
secretary  and  other  officers. 

Art.  13.  The  powers  of  the  delegations  shall  extend  to  all  matters 
concerning  common  affairs. 
All  other  matters  shall  be  beyond  their  power. 
Art.  14.  The  projects  of  the  government  shall  be  submitted  by  the 
joint  ministry  to  each  of  the  delegations  separately. 

Each  delegation  shall  also  have  the  right  to  submit  projects  con- 
cerning affairs  whitih  are  within  its  competence. 

Art.  15.  For  the  passage  of  a  laAv  concerning  matters  within  the 
power  of  the  delegations  the  agreement  of  both  delegations  shall 
be  necessary,  or  in  default  of  such  agreement,  a  vote  of  the  full  as- 
sembly of  the  two  delegations  sitting  together ;  in  either  case  the  ap- 
proval of  the  Empeix>r  shall  be  necessary. 


AUSTRIA-HUNGARY:   THE  DUAL   MONARCHY.  7 

Art.  16.  The  right  to  hold  the  joint  ministry  to  its  responsibility 
shall  be  exercised  by  the  delegations. 

In  case  of  the  violation  of  a  constitutional  law  in  force  regarding 
common  affairs,  either  of  the  delegations  may  present  charges  to  the 
other  against  the  joint  ministry  or  against  any  one  of  it.s  members. 

The  impeachment  shall  be  legally  effective  when  resolved  ui)on 
s(  parately  by  each  of  the  delegations,  or  in  a  joint  meeting  of  the  two. 

ArftTrH .  Each  delegation  shall  propose,  from  among  the  independ- 
ent and  legally  trained  citizens  of  the  country  which  it  represents, 
but  not  from  among  its  own  members,  24  judges,  of  whom  12  may  be 
rejected  by  the  other  delegation.  The  accused,  or  all  of  them  when 
there  are  several,  shall  have  the  right  to  reject  12  of  those  named  by 
the  tw  o  delegations,  but  only  in  such  a  manner  that  an  equal  number 
of  judges  be  rejected  from  the  lists  proposed  by  each  delegation. 

The  remaining  judges  shall  form  a  court  for  the  trial  of  the 
impeachment. 

ARTT-i^r-  A  special  law  on  the  responsibility  of  the  joint  nniiistry 
shall  regulate  the  details  concerning  the  impeachment,  the  pro- 
cedure of  trial,  and  the  judgment.^ 

ArttI^.'  Each  delegation  shall  act,  deliberate  and  vote  in  separate 
session.    Article  31  indicates  an  exception  to  this  rule. 

Art7-20;  The  decisions  of  the  delegation  of  the  Reichsrat  shall 
require  for  their  validity  the  presence  of  not  less  than  30  members 
besides  the  president,  and  every  decision  shall  require  the  vote  of  a 
majority  of  those  present. 

Art:"21.  The  delegates  and  substitutes  from  the  Reichsrat  shall 
receive  no  instructions  from  their  electors. 

.  ^\.RT.-22.  The  delegates  from  the  Reichsrat  shall  personally  exer- 
cise their  right  to  vote;  Article  25  determines  when  a  substitute  shall 
take  the  place  of  a  delegate. 

Ar^iv^^,  The  delegates  from  the  Reichsrat  ^  shall  enjoy  in  that 
capacity  the  same  immunity  which  they  have  as  members  of  the 
Reichsrat  by  virtue  of  Article  16  of  the  fundamental  law  concerning 
the  representation  of  the  Empire. 

If  the  Reichsrat  is  not  in  session,  the  above-mentioned  rights  shall 
be  enforced- by  the  delegation  itself  with  respect  to  its  members. 

Arx^^.  One  who  ceases  to  be  a  member  of  the  Reichsrat  shall 
cease  at  the  same  time  to  be  a  member  of  the  delegation. 

Artt-S^  If  a  vacancy  occurs  in  the  delegation  or  among  the  sub- 
stitutes a  new  election  shall  be  held. 

If  the  Reichsrat  is  not  in  session  the  substitute  shall  f  d.o  fh..  place 
of  the  retiring  delegate.  

'  This  law  has  not  been  passed.  .     .v..         *•  i-  .v^«t.t  k- 

-"The  omission  of  all  mention  of  the  Hungarian  delegation  In  this  article  shonM  he 
attributed  to  an  error  in  editing ;  see  Article  37  of  the  Hungarian  Law. 


8  co:n'stitutions  of  the  states  at  war. 

-Art.-  26.  When  the  House  of  Representatives  is  dissolved  the 
powers  of  the  delegation  of  the  Reichsrat  shall  come  to  an  end.  The 
newly  assembled  Reichsrat  shall  elect  a  new  delegation. 

^,^,KE,-^7.  The  session  of  the  delegation  shall  be  closed,  after  the 
completion  of  its  work,  by  the  president  with  the  consent  of  the 
Emperor  or  by  his  order. 

Art.  28.  The  members  of  the  joint  ministry  shall  have  the  right 
to  take  part  in  all  the  deliberations  of  the  delegation,  and  to  pre- 
sent their  projects  personally  or  through  a  deputy. 

They  shall  be  heard  whenever  they  desire. 

The  delegation  shall  have  the  right  to  address  questions  to  the 
joint  ministry  or  to  any  one  of  its  members,  to  require  answers  and 
explanations  and  to  appoint  committees  to  whom  the  ministers 
shall  furnish  all  necessary  information. 

Art.  29.  The  sessions  of  the  delegation  shall  as  a  rule  be  public. 

Exceptionally  the  public  may  be  excluded  if  it  is  so  decided  by 
the  assembly  in  secret  session,  upon  the  request  of  the  president  or 
of  not  less  than  five  members. 

Every  decision,  however,  shall  be  made  in  public  session. 

Art.  30.  Each  delegation  shall  communicate  to  the  other  its  de- 
cisions and,  if  the  case  requires  it,  the  reasons  therefor. 

This  communication  shall  take  place  in  writing,  in  German  on  the 
part  of  the  delegation  of  the  Reichsrat,  in  the  Hungarian  language 
on  the  part  of  the  delegation  of  the  Diet ;  in  each  case  there  shall  be 
annexed  a  certified  translation  into  the  language  of  the  other  dele- 
gation. 

Artt-^I;-  Each  delegation  shall  have  the  right  to  propose  that  a 
question  be  decided  by  a  vote  in  joint  session,  and  this  proposal  can 
not  be  declined  by  the  other  delegation  after  the  exchange  of  three 
written  communications  without  result. 

The  two  presidents  shall  agree  upon  the  time  and  place  of  the 
joint  meeting  of  the  two  delegations  for  the  purpose  of  voting  to- 
gether. 

^'■A:it¥^2.  In  the  joint  sessions  the  presidents  of  the  delegations 
shall  preside  alternately.  It  shall  be  determined  by  lot  which  of  the 
two  presidents  shall  preside  in  the  first  place. 

In  all  subsequent  sessions  the  presidency  at  the  first  joint  meeting 
shall  belong  to  the  president  of  the  delegation  which  has  not  had  the 
presidency  at  the  meeting  immediately  preceding. 

ArrrrrSS:  In  order  to  transact  business  in  joint  session  the  presence 
of  not  less  than  two  thirds  of  the  members  of  each  delegation  shall 
be  necessar3\ 

Decisions  shall  be  reached  by  a  majority  vote. 


AUSTRIA-HUNGARY:   THE  DUAL  MONARCHY.  9 

If  one  delegation  has  more  members  present  than  the  other,  so 
many  members  shall  abstain  from  voting  as  shall  be  necessary  to 
establish  an  equality  of  the  number  of  voters  from  each  delegation. 

It  shall  be  determined  by  lot  which  members  shall  abstain  from 
voting. 

ArttS*.  The  joint  sessions  of  the  two  delegations  shall  be  public. 

The  minutes  shall  be  kept  in  the  two  languages  by  the  secretaries 
of  the  two  delegations  and  attested  by  both. 

v^^^T,  3>1  Further  details  regarding  the  procedure  of  the  delegation 
of  the  Reichsrat  shall  be  regulated  by  an  order  of  business  to  be 
adopted  by  the  delegation  itself.^ 

Art.  36.  Agreement  concerning  matters  which,  though  not  man- 
aged in  cammon,  yet  are  to  be  regulated  upon  the  same  principles, 
shall  be  reached  in  one  of  the  following  ways:  (1)  The  responsible 
ministries  by  an  agreement  between  themselves  shall  prepare  a  proj- 
ect of  law  which  shall  be  submitted  to  the  representative  bodies  of 
the  two  parts  of  the  Empire  and  the  project  agreed  upon  by  the 
tw^o  representative  bodies  shall  be  submitted  for  the  approval  of 
the  Emperor.  (2)  Each  representative  body  shall  elect  from  its 
members  a  deputation  composed  of  an  equal  number  of  members, 
which  shall  prepare  a  project  upon  the  initiative  of  the  respective 
ministries;  such  project  shall  be  submitted  to  each  of  the  legislative 
jodies  by  the  ministries,  shall  be  regidarly  considered,  and  the 
identical  law  of  the  two  assemblies  shall  be  submitted  for  the  ap- 
proval of  the  Emperor.  The  second  procedure  shall  be  followed 
especially  in  reaching  an  agreement  concerning  the  distributicm  of 
the  cost  of  affairs  administered  in  common.^ 

AUSTRIAN  LAW  OF  22  FEBRUARY  1880.^ 

Law  Concerning  the  Administration  of  Bosnia  and  Herzegovina, 

Entrusted  to  Austria-Hungary  by  the  Treaty  of 

Berlin  of  13  July  1878.* 

Article  1.  In  conformity  with  existing  laws  concerning  the  com- 
mon affairs  of  the  Monarchy,  the  ministry  is  authorized  and  directed, 
mder  its  constitutional  responsibility,  to  take  charge  of  the  pro- 
visional administration  of  Bosnia  and  Herzegovina,  which  shall  be 
lirected  b}-  the  joint  ministry. 


^Internal  regulation  for  the  delegation  of  the  Reichsrat  of  21  January  1868.  8^ 
^  MoREAu  ET  J.  Delpech,  Les  Rdglemcnta  des  AaaemhUea  l^gMativcs,  vol.  i  (Parla. 
.906),  p.  381.  .        .  ^    ... 

a  Article  37  of  this  law  Is  omitted  ;  It  related  to  the  time  when  the  law  became  effective. 

3  Translation  based  upon  Dodd.  op.  cit,  pp.  122-123.  French  translation  In  Dabeht., 
•p.  cit.,  pp.  423-425. 

♦  Hungarian  Law  6  of  1880  is  Identical. 

88381—19 2 


8  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

^AftTT-M.  When  the  House  of  Representatives  is  dissolved  the 
powers  of  the  delegation  of  the  Reichsrat  shall  come  to  an  end.  The 
newly  assembled  Reichsrat  shall  elect  a  new  delegation. 

^iic^-e-T.  The  session  of  the  delegation  shall  be  closed,  after  the 
completion  of  its  work,  by  the  president  with  the  consent  of  the 
Emperor  or  by  his  order. 

Art.  28.  The  members  of  the  joint  ministry  shall  have  the  right 
to  take  part  in  all  the  deliberations  of  the  delegation,  and  to  pre- 
sent their  projects  personally  or  through  a  deputy. 

They  shall  be  heard  whenever  they  desire. 

The  delegation  shall  have  the  right  to  address  questions  to  the 
joint  ministry  or  to  any  one  of  its  members,  to  require  answers  and 
explanations  and  to  appoint  committees  to  whom  the  ministers 
shall  furnish  all  necessary  information. 

Art.  29.  The  sessions  of  the  delegation  shall  as  a  rule  be  public. 

Exceptionally  the  public  may  be  excluded  if  it  is  so  decided  by 
the  assembly  in  secret  session,  upon  the  request  of  the  president  or 
of  not  less  than  five  members. 

Every  decision,  however,  shall  be  made  in  public  session. 

Art.  30.  Each  delegation  shall  communicate  to  the  other  its  de- 
cisions and,  if  the  case  requires  it,  the  reasons  therefor. 

This  communication  shall  take  place  in  writing,  in  German  on  the 
part  of  the  delegation  of  the  Reichsrat,  in  the  Hungarian  language 
on  the  part  of  the  delegation  of  the  Diet ;  in  each  case  there  shall  be 
annexed  a  certified  translation  into  the  language  of  the  other  dele- 
gation. 

Airrr^^l.-  Each  delegation  shall  have  the  right  to  propose  that  a 
question  be  decided  by  a  vote  in  joint  session,  and  this  proposal  can 
not  be  declined  by  the  other  delegation  after  the  exchange  of  three 
written  communications  without  result. 

The  two  presidents  shall  agree  upon  the  time  and  place  of  the 
joint  meeting  of  the  two  delegations  for  the  purpose  of  voting  to- 
gether. 

/'^:Tt*,^2.  In  the  joint  sessions  the  presidents  of  the  delegations 
shall  preside  alternately.  It  shall  be  determined  by  lot  which  of  the 
two  presidents  shall  preside  in  the  first  place. 

In  all  subsequent  sessions  the  presidency  at  the  first  joint  meeting 
shall  belong  to  the  president  of  the  delegation  which  has  not  had  the^ 
presidency  at  the  meeting  immediately  preceding. 

Arrrr^S:  In  order  to  transact  business  in  joint  session  the  presenc^ 
of  not  less  than  two  thirds  of  the  members  of  each  delegation 
be  necessar3\ 

Decisions  shall  be  reached  by  a  majority  vote. 


AUSTRIA-HUNGARY:   THK   DIAL   MONARCHY.  9 

If  one  delegation  has  more  members  present  than  the  other  so 
many  members  shall  abstain  from  voting  as  shall  be  necessary  to 
establish  an  equality  of  the  number  of  voters  from  each  delegation 

It  shall  be  determined  by  lot  which  members  shall  abstain  from 
voting. 

AirrrS*.  The  joint  sessions  of  the  two  delegations  shall  be  public. 

The  minutes  shall  be  kept  in  the  two  languages  by  the  secretaries 
of  the  two  delegations  and  attested  by  both. 

^HT,  3,1  Further  details  regarding  the  procedure  of  the  delegation 
of  the  Reichsrat  shall  be  regulated  by  an  order  of  business  to  be 
adopted  by  the  delegation  itself.^ 

Art.  36.  Agreement  concerning  matters  which,  though  not  man- 
aged in  common,  yet  are  to  be  regulated  upon  the  same  principles, 
shall  be  reached  in  one  of  the  following  ways:  (1)  The  responsible 
ministries  by  an  agreement  between  themselves  shall  prepare  a  proj- 
ect of  law  which  shall  be  submitted  to  the  representative  bodies  of 
the  two  parts  of  the  Empire  and  the  project  agreed  upon  by  the 
two  representative  bodies  shall  be  submitted  for  the  approval  of 
the  Emperor.  (2)  Each  representative  body  shall  elect  from  its 
members  a  deputation  composed  of  an  equal  number  of  members, 
which  shall  prepare  a  project  upon  the  initiative  of  the  respective 
ministries;  such  project  shall  be  submitted  to  each  of  the  legislative 
bodies  by  the  ministries,  shall  be  regidarly  considered,  and  the 
identical  law^  of  the  tw^o  assemblies  shall  be  submitted  for  the  ap- 
proval of  the  Emperor.  The  second  procedure  shall  be  followed 
especially  in  reaching  an  agreement  concerning  the  distribution  of 
-he  cost  of  affairs  administered  in  common.^ 

AUSTEIAN  LAW  OF  22  FEBRUARY  1880.^ 

Law  Concerning  the  Administration  of  Bosnia  and  Herzegovina, 

Entrusted  to  Austria-Hungary  by  the  Treaty  of 

Berlin  of  13  July  1878.* 

Article  1.  In  conformity  with  existing  laws  concerning  the  com- 
mon affairs  of  the  Monarchy,  the  ministry  is  authorized  and  directed, 
mder  its  constitutional  responsibility,  to  take  charge  of  the  pro- 
isional  administration  of  Bosnia  and  Herzegovina,  which  shall  be 
iirected  by  the  joint  ministry. 


1  Internal  regulation  for  the  delegation  of  the  Reichsrat  of  21  January  18«8-  8«« 
'.  MoREAU  ET  J.  Delpech,  Lcs  B^glemcuta  des  AasembUca  UgitlaUven,  vol.  i  (Part*. 
90G),  p.  381.  ^     ,, 

2  Article  37  of  this  law  is  omitted  ;  it  related  to  the  time  when  the  law  becamr  effective. 
» Translation  based  upon  Dodd.  op.  cit.,  pp.  122-123.     French  translation  in  Dabestk, 

p.  cit.,  pp.  423-425. 
*  Hungarian  Law  6  of  1880  is  identical. 

88381—19 2 


10  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  2.  The  determination  of  the  general  spirit  and  principles  of 
this  provisional  administration,  and  the  construction  of  railways 
shall,  in  particular,  be  regulated  by  agreement  between  the  govern- 
ments of  the  two  parts  of  the  Austro-Hungarian  Monarchy. 

Art.  3.  The  administration  of  these  lands  shall  be  so  regulated  that 
its  expenses  may  be  met  from  its  own  revenue. 

If  and  in  so  far  as  this  result  can  not  be  immediately  attained, 
projects  for  raising  revenue  to  cover  ordinary  expenses  sliall  be 
decided  upon  by  agreement  between  the  governments  of  the  two 
parts  of  the  Monarchy,  in  the  manner  provided  by  existing  laws 
for  the  regulation  of  common  affairs. 

Nevertheless,  in  so  far  as  the  administration  of  Bosnia  and  Herze- 
govina may  require  expenditures  for  permanent  establishments,  which 
do  not  belong  within  the  scope  of  the  current  administration,  such  as 
railways,  public  buildings  and  similar  extraordinary  expenses,  which 
should  be  assumed  by  the  Monarchy,  subsidies  therefor  shall  only  be 
granted  by  virtue  of  identical  laws  passed  by  the  two  parts  of  the 
Monarchy. 

Art.  4.  In  the  same  manner  the  principles  shall  be  established 
according  to  which  the  following  affairs  shall  be  regulated  and 
administered  in  Bosnia  and  Herzegovina: 

1.  The  customs  system. 

2.  The  indirect  taxes  which  are  regulated  upon  similar  prin- 
ciples in  the  two  parts  of  the  Monarchy. 

3.  The  monetary  system. 

Art.  5.  Any  alteration  of  the  relations  existing  between  these  lands 
and  the  Monarchy  shall  require  an  identical  authorization  fropi  the 
legislatures  of  the  two  parts  of  the  Monarchy. 


2.  AUSTRIA. 

The  first  attempt  at  a  common  representation  of  all  the  Austrian 
countries  dates  from  1848,  when  revolutions  broke  out  in  almost  all 
parts  of  the  Austrian  dominions,  but  it  was  not  until  the  Imperial 
Diploma  of  20  October  1860  was  issued  that  the  way  was  finally 
paved  for  the  establishing  of  lasting  reforms.  This  Diploma  was 
practically  superseded  by  the  Patent  of  26  February  1861,^  which 
governed  the  representation  of  the  Empire  in  the  Reichsrat  and 
gave  to  each  Austrian  province  a  special  constitution  and  an  elec- 
toral law.  This  Constitution  of  1861  proved  a  signal  failure,  and 
the  Emperor  finally  determined  to  recognize  the  principle  of  dual- 
ism and  to  reach  an  agreement  with  Hungary  upon  that  basis.  On 
20  September  1865,  he  suspended  the  Patent  of  1861,  and  negotia- 
tions were  immediately  begun  with  Hungary  which  ended  in  the 
Compromis  of  1867.  The  changed  relations  with  Hungary  made 
necessary  changes  in  the  Austrian  Constitution;  the  fundamental 
laws  of  1867  recast  the  Austrian  government  upon  more  liberal  prin- 
ciples than  had  hitherto  existed.  Since  that  date  important  changes 
have  been  introduced  with  regard  to  the  suffrage  qualification,  and  at 
the  present  time  it  seems  that  the  problem  of  the  diverse  races  con- 
tained in  the  Empire  is  about  to  receive  its  natural  solution.* 


FUNDAMENTAL  LAWS  OF  21  DECEMBER  1867.' 

Law  Concerning  the  General  Rights  of  Citizens. 

Article  1.  For  all  natives  of  the  various  kingdoms  and  countries 
represented  in  the  Eeichsrat  there  exists  a  common  right  of  Austrian 

1  English  translation  in  British  and  Foreign  State  Papers,  52 :  pp.  121S-1221. 

'This  introductory  paragraph  is  based  upon  W.  P.  Dodd,  Modem  ConttUutiont  (Chi- 
cago, 1909),  vol.  I,  pp.  69-70,  and  F.  K.  Dareste  bt  P.  Darestb,  Les  Conttitution*  mo- 
dernes  (3d  edition,  Paris,  1910),  vol.  i,  pp.  428-430.. 

»  Translation  based  upon  Dodd,  op.  cit.,  pp.  71-89.  Gorman  text  of  the  second  and  U«t 
laws  in  Paul  Posener,  Die  Staatsverfasmngen  des  Erdhalls  (Charlottcnburg,  1909), 
l)p.  753-760.     French  translation  in  D\reste,  op.  cit.,  pp.  431-451. 

11 


12  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

citizenship.  The  law  shall  determine  under  what  conditions  Austrian 
citizenship  is  gained,  exercised  and  lost. 

Art.  2.  All  citizens  are  equal  before  the  law. 

Art.  3.  Public  offices  shall  be  equally  open  to  all  citizens.  The  ad- 
mission of  foreigners  to  public  office  is  dependent  upon  their  acquisi- 
tion of  Austrian  citizenship. 

Art.  4.  The  freedom  of  passage  of  persons  and  property,  within 
the  territory  of  the  State,  shall  be  subject  to  no  restrictions. 

All  citizens  who  live  within  a  commune  and  pay  therein  a  tax  on 
real  property,  business,  or  income  shall  have  the  right  to  vote  for 
members  of  the  communal  assembly  {Geineindevertretung)  and  shall 
be  eligible  to  that  body  under  the  same  conditions  as  natives  of  the 
commune. 

Freedom  of  emigration  is  limited  by  the  State  only  by  the  obligation 
to  serve  in  the  army. 

Taxes  on  emigration  shall  be  levied  only  as  a  measure  of  retaliation. 

Art.  5.  Property  is  inviolable.  Forced  expropriation  shall  take 
place  only  in  the  cases  and  according  to  the  forms  determined  by  law\ 

Art.  6.  Every  citizen  may  dwell  temporarily  or  establish  his  resi- 
dence in  any  part  of  the  territory  of  the  State,  acquire  real  property 
of  any  kind  and  freely  dispose  of  the  same,  and  may  also  engage  in  any 
form  of  business,  under  legal  conditions. 

In  the  matter  of  mortmain  the  law  may,  for  reasons  of  public 
policy,  restrict  the  right  of  acquiring  and  of  disposing  of  real 
property. 

Art.  7.  Every  relation  of  vassalage  or  dependence  is  forever  abol- 
ished. Every  burden  or  charge  resting  upon  the  title  to  real  property 
is  redeemable,  and  in  future  no  land  shall  be  burdened  with  an  irre- 
deemable charge. 

Art.  8.  Liberty  of  person  is  guaranteed.  The  Law  of  27  October 
1862  {Reichsgesetzblatt^  No.  87)  on  the  protection  of  individual 
liberty  is  hereby  declared  an  integral  part  of  the  present  fundamental 
law.*  Every  arrest  ordered  or  prolonged  in  violation  of  law  imposes 
an  obligation  upon  the  State  to  indemnify  the  injured  party. 

Art.  9.  The  domicile  is  inviolable.  The  Law  of  27  October  1862 
{Reichsgesetzhlatt^  No.'  88)  for  the  protection  of  the  domicile  is 
hereby  declared  an  integral  part  of  this  fundamental  law.^ 

Art.  10.  The  secrecy  of  letters  shall  not  be  violated ;  the  seizure  of 
letters,  except  in  case  of  a  legal  arrest  or  search,  shall  take  place  only 
in  time  of  war  or  by  virtue  of  a  judicial  order  issued  in  conformity 
with  the  law.^ 

^  This  law  contains  the  provisions  regarding  arrest,  hearing  and  bail. 

2  This  law  regulates  the  issuance  and  execution  of  orders  for  the  search  of  houses. 

8  Law  of  6  Aoril  1«^70 


AUSTRIA-HUNGARY:  AUSTRIA.  18 

Art.  11.  The  right  of  petition  is  free  to  everyone.  Petitions  under 
a  collective  name  should  emanate  only  from  legally  recognized  cor- 
porations  or  associations. 

Art.  12.  Austrian  citizens  shall  have  the  right  to  assemble  together 
and  to  form  associations.  The  exercise  of  these  rights  is  regulated 
by  special  laws.^ 

Art.  13.  Everyone  shall  have  the  right,  within  legal  limits,  freeh 
to  express  his  thoughts  orally,  in  writing,  through  the  press,  or  bv 
pictorial  representation.^ 

The  press  shall  not  be  placed  under  censorship  nor  restrained  by 
the  system  of  licenses.  Administrative  prohibitions  of  the  use  of  the 
mail  are  not  applicable  to  matter  printed  within  the  country. 

Art.  14.  Full  freedom  of  religion  and  of  conscience  is  guaranteed 
to  all.  The  enjoyment  of  civil  and  political  rights  is  independent 
of  religious  belief;  however,  religious  belief  shall  in  no  way  inter- 
fere with  the  performance  of  civil  duties. 

No  one  shall  be  forced  to  perform  any  religious  rite  or  to  partici- 
pate in  any  religious  ceremony,  except  in  so  far  as  he  is  subject  to 
another  who  has  legal  authority  in  this  matter.^ 

Art.  15.  Every  legally  recognized  church  and  religious  society  has 
the  right  publicly  to  exercise  its  religious  worship ;  it  regulates  and 
administers  its  internal  affairs  independently,  remains  in  possession 
and  enjoyment  of  its  establishments,  institutions  and  property  held 
for  religious,  educational  and  charitable  purposes;  but  is  subject,  as 
other  societies,  to  the  general  laws  of  the  State.* 

Art.  16.  Adherents  of  a  religious  confession  not  legally  recognized 
are  permitted  to  worship  privately,  in  so  far  as  their  religious  serv- 
ices are  not  illegal  or  contrary  to  public  morals.* 

Art.  17.  Science  and  its  teaching  shall  be  free.  Every  citizen 
whose  capacity  has  been  established  in  conformity  with  law  shall 
have  the  right  to  establish  institutions  of  instruction  and  education 
and  to  give  instruction  therein.  Private  instruction  shall  be  subject 
to  no  such  restriction.  Eeligious  instruction  in  the  schools  shall  be 
left  to  the  church  or  religious  society  to  which  the  school  is  attached.* 
The  State  shall  have  the  right  of  superior  direction  and  superintend- 
ence over  the  entire  system  of  education  and  instruction." 

Art.  18.  Everyone  shall  be  free  to  choose  his  occupation  and  to 
prepare  himself  for  it  in  such  place  and  in  such  manner  as  he  may 
wish. 


1  Two  laws  of  15  November  1867. 

■  Law  of  17  December  1862. 

3  Law  of  25  May  1868. 

*  Law  of  7  May  1874. 

B  Laws  of  25  May  1868  and  20  June  1872. 

"  Law  of  14  May  1869,  amended  and  completed  by  Law  of  2  .May  1883. 


14  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 

Art.  19.  All  the  races  of  the  State  shall  have  equal  rights,  and  each 
race  shall  have  the  inviolable  right  of  maintaining  and  cultivating 
its  nationality  and  language. 

The  State  recognizes  the  equality  of  the  various  languages  in  the 
schools,  public  offices,  and  in  public  life. 

In  the  countries  populated  by  several  races,  the  institutions  of 
public  instruction  shall  be  so  organized  that  each  race  may  receive 
the  necessary  instruction  in  its  own  language,  without  being  obliged 
to  learn  a  second  language.^ 

Art.  20.  A  special  law  shall  determine  the  right  of  the  responsible 
governing  power  to  suspend  temporarily  and  in  certain  places  the 
rights  mentioned  in  Articles  8,  9,  10,  12  and  13.^ 

Law  Altering  the  Law  of  26  February  1861  Concerning  Imperial 

Representation. 

Article  1.  The  Reichsrat  is  the  common  representative  body  of  the 
Kingdoms  of  Bohemia,  Dalmatia  and  Galicia  and  Lodomeria  with 
the  Grand  Duchy  of  Cracow,  of  the  Archduchies  of  Lower  and  Up- 
per Austria,  of  the  Duchies  of  Salzburg,  Styria,  Carinthia,  Carniola 
and  Bukowina,  of  the  Margravate  of  Moravia,  of  the  Duchy  of  Up- 
per and  Lower  Silesia,  of  the  Princely  County  of  Tyrol  and  the  terri- 
tory of  Vorarlberg,  of  the  Margravate  of  Istria,  of  the  Princely 
County  of  Gorz  and  Gradiska,  and  of  the  City  of  Triest  with  its 
territory.  The  Eeichsrat  is  composed  of  a  House  of  Lords  {Herren- 
haus)  and  a  House  of  Representatives  (Haus  der  Ahgeordneten). 

Persons  appointed  members  of  the  House  of  Lords  in  conformity 
with  Articles  3  and  5  may  be  elected  to  the  House  of  Representatives. 
In  case  of  the  acceptance  of  such  an  election,  the  membership  in  the 
House  of  Lords  ceases  for  the  period  during  which  such  office  is  held.* 

Should  a  representative  be  appointed  to  the  House  of  Lords  in 
conformity  with  Articles  3  or  5,  his  membership  therein  shall  not 
begin  until  after  he  ceases  to  be  a  representative.^ 

Art.  2.  Princes  of  the  imperial  family  who  have  attained  full  age 
are  by  birth  members  of  the  House  of  Lords. 

Art.  3.  Chief  of  the  indigenous  noble  families,  of  full  age,  who 
possess  extensive  landed  property  within  the  Austrian  States,  are 
hereditary  members  of  the  House  of  Lords,  if  such  dignity  has  been 
conferred  upon  them  by  the  Emperor. 

Art.  4.  All  archbishops  and  all  bishops  enjoying  princely  rank, 
within  the  Austrian  States,  shall  be  members  of  the  House  of  Lords 
by  virtue  of  their  high  ecclesiastical  rank. 

1  Cf.  Law  of  28  February  1882. 

2  Law  of  5  May  1869. 

3  As  amended  26  January  1907. 


AUSTRIA-HUNGARY:   AUSTRIA.  X5 

Art.  5.  The  Emperor  shall  have  the  right  to  call  into  the  House 
of  Lords  as  life  members  eminent  men  from  the  kincrdoms  and 
countries  represented  in  the  Reichsrat,  who  have  rendered  dis- 
tinguished services  to  the  State  or  church,  to  science  or  art. 

The  number  of  such  members  shall  not  exceed  170  nor  fall  below 
150.^ 

Art.  6.  The  House  of  Representatives  shall  be  composed  of  516 
members,  apportioned  to  and  elected  in  the  several  kingdoms  and 
countries  as  follows: 

Kingdom  of  Bohemia ^^o 

Kingdom  of  Dalmatia __  _  j^ 

Kingdom  of  Galicia  and  Lodomeria  with  the  Grand  Duchy 

of  Cracow _      _  jq^ 

Archducliy  of  Lower  Austria "___  (54 

Archduchy  of  Upper  Austria 22 

Duchy   of   Salzburg _  j 

Duchy  of  Styria ■_ 3q 

Ducliy  of  Carinthia 10 

Duchy  of  Carniola 12 

Ducliy  of  Bukowina I4 

Margravate  of  Moravia 49 

Duchy  of  Upper  and  Lower  Silesia 1.- 

Princely   County    of   Tyrol 2.". 

Territory  of  Voralberg I 

Margravate   of   Istria (; 

Princely  County  of  Gorz  and  Gradiska c, 

City  of  Triest  and  its  territory "> 

The  apportionment  to  the  several  election  districts  of  the  members 
of  the  House  of  Representatives,  to  be  chosen  in  accordance  with  this 
list,  shall  be  determined  by  the  election  law  of  the  Reichsrat- 

Art.  7.  Every  male  person  who  has  attained  the  age  of  24  years, 
possesses  Austrian  citizenship,  is  not  excluded  from  the  right  to 
vote  by  the  provisions  of  the  election  law  of  the  Reichsrat,  and  who 
at  the  time  the  election  is  ordered  has  resided  for  at  least  one  year 
in  the  Austrian  commune  in  w  hich  the  right  to  vote  is  to  be  exercised, 
is  qualified  to  vote  for  representatives.^ 

Every  male  person  who  has  been  in  the  possession  of  Austrian 
citizenship  for  at  least  three  years,  has  attained  the  age  of  30  years, 
and  is  not  excluded  from  the  right  to  vote  by  the  provisions  of  the 
election  law  of  the  Reichsrat,  is  eligible  as  a  representative. 

In  case  the  election  law  of  the  Reichsrat  should  provide  for  the 
election  of  substitutes  of  representatives,  the  foregoing  provisions 
concerning  eligibility  are  also  applicable  to  such  substitutes. 

^  This  paragraph  added  by  amendment  of  26  January  1907. 

2  This  article  was  amended  on  26  January  1907,  increasing  the  niemlM-rnhlp  of  the  HooM 
of  Representatives  from  425.     The  new  election  law  bears  the  same  date. 

3  Art.  66,  Sect.  1  of  the  Law  of  1  August  1895. 


16  CONSTITUTIONS   OF   THE    STATES   AT  WAR. 

The  election  law  of  the  Reichsrat  contains  the  further  regulations 
concerning  the  exercise  of  the  right  to  A'ote  and  concerning  the  con- 
duct of  elections.^ 

Art.  8.  Public  officers  and  functionaries  who  may  be  elected  to  the 
House  of  Representatives  do  not  need  a  leave  of  absence  in  order  to 
attend  the  meetings  of  that  body. 

Art.  9.  The  Emperor  appoints  the  president  and  vice-president  of 
the  House  of  Lords  from  among  its  members,  and  for  the  term  of  the 
session.  The  House  of  Representatives  elects  from  its  own  members 
its  president  and  vice  president.  Each  of  the  houses  chooses  its  other 
officers. 

Art.  10.  The  Reichsrat  shall  be  convened  annually  by  the  Emperor, 
during  the  Avinter  months  when  possible. 

Art.  11.  The  competence  of  the  Reichsrat  extends  to  all  matters 
which  relate  to  the  rights,  obligations  and  interests  common  to  the 
countries  represented  therein,  in  so  far  as  these  matters  are  not  to  be 
handled  in  common,  in  consequence  of  the  agreement  of  the  countries 
of  the  Hungarian  crown  with  the  other  countries  of  the  monarchy. 

Thus,  the  competence  of  the  Reichsrat  extends  to : 

a.  The  examination  and  approval  of  commercial  treaties  and  of 
those  political  treaties  which  place  a  financial  burden  upon  the  Em- 
pire or  upon  any  part  thereof,  which  place  obligations  upon  indi- 
vidual citizens,  or  which  have  as  a  consequence  a  change  of  the  terri- 
tory of  the  kingdoms  and  countries  represented  in  th-e  Reichsrat. 

1).  All  matters  which  relate  to  the  form  as  well  as  to  the  regula- 
tion and  term  of  military  service  ^ ;  particularly  the  annual  grant  of 
military  forces,  and  the  general  provisions  regarding  the  furnishing 
of  relays  and  the  maintenance  and  quartering  of  troops. 

c.  The  establishment  of  the  budget,  and  particularly  the  annual 
grant  of  taxes  and  duties  to  be  levied;  the  examination  of  the  ac- 
counts and  of  the  results  of  the  financial  administration,  the  final 
approval  of  such  accounts ;  the  issue  of  new  loans,  the  conversion  of 
the  existing  State  debt,  the  alienation,  transformation,  or  burdening 

^  The  text  here  given  is  that  introduced  by  amendment  of  26  January  1907.  Before  this 
change  there  were  five  classes  of  electors:  (1)  The  great  landowners,  comprising  those 
who  paid  a  certain  land  tax,  varying  in  the  several  Provinces  from  50  to  250  florins  ; 
this  class  elected  85  representatives.  (2)  The  cities,  where  the  electoral  franchise  was 
extended  to  all  males  of  24,  who  paid  a  tax  of  5  florins  ;  this  class  elected  99  representa- 
tives. (3)  Chambers  of  commerce  and  of  industry  ;  this  class  alone  elected  21  repre- 
sentatives and  together  with  the  second  class  chose  19  others.  (4)  Rural  communes,  in 
which  the  qualifications  for  voting  were  the  same  as  in  the  cities  ;  this  class  elected  129 
repi-esentatives.  (5)  A  fifth  class  created  by  law  of  14  June  1896  included  all  males 
who  had  attained  the  age  of  24  years  ;  this  class  chose  72  representatives. 

The  amendment  of  1907  abolishes  the  class  system  of  voting,  and  establishes  universal 
suffrage  for  all  representatives.  The  election  law  of  the  Reichsrat  of  26  January  1907 
makes  the  further  provisions  for  elections  under  the  new  system  of  universal  suffrage  ; 
each  Province  is  divided  into  election  districts,  most  of  which  choose  only  one  repre- 
sentative ;  each  commune  forms  a  voting  precinct. 

2  Laws  of  11  April  1889  and  6  June  1886. 


AUSTRIA-HUNGARY:  AUSTRIA.  .   J 7 

of  the  public  domain;  legislation  concerning  monopolies  and  seignio- 
rial  rights,  and  in  general  all  financial  affairs  which  are  common  to 
the  kingdoms  and  countries  represented  in  the  Reichsrat. 

d.  The  regulation  of  the  monetary  system  and  of  banks  of  issue 
of  customs  and  commercial  affairs,  of  the  telegraph,  post,  railways' 
navigation,  and  of  other  means  of  communication  within  the  Empire! 

e.  Legislation  concerning  credits,  banks,  patents  of  invention,  in- 
dustry ,1  with  the  exception  of  legislation  concerning  the  monopoly  of 
liquor;  weights  and  measui-es,  the  protection  of  trade-marks  and  of 
industrial  models. 

/.  Legislation  concerning  public  health  and  for  protection 
against  epidemics  and  epizootics. 

g.  Legislation  concerning  citizenship  and  domicile,  the  police 
control  of  foreigners,  the  system  of  passports  and  the  taking  of  the 
census. 

A.  Concerning  confessional  relations,  the  rights  of  assembly  and 
of  association;  concerning  the  press  and  the  protection  of  literary 
and  artistic  property. 

/.  The  establishment  of  the  principles  of  the  educational  system 
in  the  primary  ^  and  secondary  schools,  and  legislation  concerning  the 
universities. 

l\  Legislation  concerning  criminal  justice  and  police  penalties*; 
the  civil  law,  with  the  exception  of  legislation  concerning  the  details 
of  the  systems  of  public  registries  and  concerning  such  matters  as, 
in  the  terms  of  the  provincial  constitutions  and  of  this  fundamental 
law,  belong  within  the  competence  of  the  provincial  diets;  legislation 
concerning  commercial  law  and  commercial  paper,*  maritime  law, 
mines  ^  and  feudal  rights. 

I.  Legislation  concerning  the  principles  of  the  judicial  and  ad- 
ministrative organization. 

m.  The  laws  to  be  passed  in  execution  of  the  fundamental  laws 
concerning  the  general  rights  of  citizens,  the  imperial  court,  the 
judicial  power  and  the  administrative  and  executive  power. 

n.  Legislation  concerning  the  matters  which  relate  to  the  duties 
and  relations  of  the  particular  countries  among  themselves. 

o.  Legislation  concerning  the  manner  of  handling  matters  which, 
through  the  agreement  with  Hungary,  are  recognized  as  common  to 
the  two  parts  of  the  Empire. 

Art.  12.  All  matters  of  legislation  other  than  those  expressly  re- 
served to  the  Reichsrat  by  the  present  law  belong  within  the  power 

1  Law  of  20  Decomber  1859,  amondod  15  March  1883  and  8  March  1885. 

2  Law  of  14  May  18G0,  amended  2  May  188.'i. 

n^ode  of  Criminal  Procedure  of  23  May  1873;  Penal  (Nnlo  of  27  >?•■•    ^'^'-V 
*  Commercial  Code  of  17  December  18G2. 
^Law  of  2:5  May  1854. 


18  CONSTITUTIONS   OF   THE    STATES   AT   WAR. 

of  the  provincial  diets  of  the  kingdoms  and  countries  represented 
in  the  Reichsrat  and  are  constitutionally  regulated  by  such  diets.^ 

In  matters  which,  according  to  the  principles  of  the  provincial 
constitutions  and  of  this  fundamental  law,  belong  within  the  com- 
petence of  provincial  legislation,  the  provinces  in  the  regulation  of 
such  affairs  may  also  adopt  necessary  measures  in  the  fields  of 
criminal  justice,  police  justice  and  civil  law.^ 

Within  the  field  of  provincial  legislation  belongs  also  the  regu- 
lation of  the  organization  of  public  administrative  offices  which  are 
created  by  the  exercise  of  the  power  of  provincial  legislation  to 
organize  autonomous  administrative  departments,  the  activities  of 
which  are  based  upon  the  principles  reserved  to  imperial  legislation 
by  Article  2  Z  of  this  fundamental  law.^ 

However,  should  a  provincial  diet  decide  that  a  matter  committed 
to  it  ought  to  be  discussed  and  decided  in  the  Reichsrat,  such  matter, 
for  this  particular  case  and  with  reference  to  this  diet,  shall  come 
within  the  power  of  the  Reichsrat. 

Art.  13.  Projects  of  laws  may  be  submitted  to  the  Reichsrat  by 
the  government.  The  Reichsrat  shall  also  have  the  right  to  pro- 
pose laws  upon  matters  within  its  competence. 

.  Every  law  requires  the  agreement  of  the  two  houses  and  the  ap- 
proval of  the  Emperor. 

If  it  should  happen  that,  in  certain  items  of  an  appropriation  act 
or  with  reference  to  the  size  of  the  contingent,  in  a  recruiting  act,  no 
agreement  can  be  reached  between  the  two  houses  after  repeated  delib- 
eration, the  lowest  figure  shall  be  considered  as  granted. 

Art.  14.  If  urgent  circumstances  should  render  necessary  some 
measure  constitutionally  requiring  the  consent  of  the  Reichsrat  when 
that  body  is  not  in  session,  such  measure  may  be  taken  by  imperial 
ordinance,  issued  under  the  collective  responsibility  of  the  ministry, 
provided  it  makes  no  alteration  of  the  fundamental  law,  imposes  no 
lasting  burden  upon  the  public  treasury,  and  alienates  none  of  the 
domain  of  the  State.  Such  ordinances  shall  have  provisionally  the 
force  of  law,  if  they  are  signed  by  all  of  the  ministers,  and  shall  be 
published  with  an  express  reference  to  this  provision  of  the  funda- 
mental law. 

1  The  17  divisions  of  the  Empire  form  15  provincial  governments,  the  city  of  Triest,  the 
county  of  Gorz  and  Gradiska,  and  the  Margravate  of  Istria  being  combined  into  a  divi- 
sion called  Coastland.  Each  division  establishes  its  own  Landesordnung  or  provincial 
constitution  ;  each  has  a  provincial  diet,  which  exercises  the  legislative  power,  and  a  pro- 
vincial committee,  which  exercises  the  executive  power  in  local  affairs.  The  Emperor 
convenes  the  diets  annually,  appoints  their  presidents,  and  may  dissolve  them  at  any  time  ; 
every  provincial  law  requires  his  approval.  The  principal  executive  and  administrative 
oflScer  of  the  province  is  the  Statthalter  or  Landesprdsident,  who  is  appointed  by  the 
Crown  and  is  independent  of  local  control. 

3  This  paragraph  added  by  Law  of  26  January  1907. 


AUSTRIA-HUNGAEY  :   AUSTRIA.  19 

The  legal  force  of  such  an  ordinance  shall  cease,  if  the  government 
neglects  to  present  it  for  the  approval  of  the  Reichsrat  at  its  next  suc- 
ceeding session,  and  indeed  first  to  the  House  of  Representatives, 
within  four  weeks  after  its  convention,  or  if  one  of  the  two  houses 
refuses  its  approval  thereto. 

The  ministry  shall  be  collectively  responsible  for  the  withdrawal 
of  such  ordinances  as  soon  as  they  have  lost  their  provisional  legal 
force. 

Art.  15.  For  the  validity  of  any  decision  of  the  Reichsrat  there  is 
necessary  in  the  House  of  Representatives  the  presence  of  100  mem- 
bers, in  the  House  of  Lords  of  40  members,  and  in  each  house  the  vote 
of  a  majority  of  those  present. 

Modifications  in  the  present  fundamental  law  and  in  the  fundamen- 
tal laws  on  the  general  rights  of  Austrian  citizens,  on  the  establish- 
ment of  the  imperial  court,  on  the  judicial  power,  and  on  the  exercise 
of  administrative  and  executive  power,  shall  be  made  only  by  a  major- 
ity of  not  less  than  two  thirds  of  the  members  present  and  with  the 
presence  of  not  less  than  half  of  the  members  of  the  House  of  Repre- 
sentatives.^ 

Art.  16.  Members  of  the  House  of  Representatives  shall  receive  no 
instructions  from  their  electors. 

Members  of  the  Reichsrat  shall  not  be  held  responsible  on  account 
of  any  vote  given,  and  for  any  utterances  made  by  them  in  the  exer- 
cise of  their  office  they  may  be  held  responsible  only  by  the  house  to 
which  they  belong. 

No  member  of  the  Reichsrat  shall  be  arrested  or  proceded  against 
judicially  during  the  time  of  a  session,  on  account  of  any  criminal 
act,  without  the  consent  of  the  house,  unless  he  were  apprehended  in 
the  very  act. 

Even  when  the  member  is  taken  in  the  very  act,  the  court  shall  give 
immediate  notice  of  the  arrest  to  the  president  of  the  house. 

If  the  house  requires  it,  the  arrest  must  be  suspended  or  the  pro- 
ceedings postponed  during  the  session.  The  house  shall  have  the 
same  right  with  respect  to  an  arrest  or  judicial  proceeding  instituted 
against  a  member  when  the  Reichsrat  is  not  in  session. 

Art.  17.  All  members  of  the  Reichsrat  must  personally  exercise 
their  right  to  vote. 

Art.  18.  Members  of  the  House  of  Representatives  are  elected  for  a 
period  of  six  years.^ 

At  the  expiration  of  this  period,  as  also  in  the  case  of  the  dissolu- 
tion of  the  House  of  Representatives,  a  new  election  shall  be  held. 

1  "  And  with  .  .  .  Representatives  "  added  2  April  1873. 

2  As  amended  2  April  1873.  By  the  original  text  no  limitation  was  placed  upon  the 
life  of  the  Reichsrat,  which  came  to  an  end  only  hy  dissolution. 


20  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 

The  retiring  representatives  shall  be  eligible  for  reelection. 

During  the  intervals  between  general  elections  supplementary  elec- 
tions shall  be  held  when  a  member  ceases  to  be  eligible,  dies,  resigns, 
or  for  any  other  legal  reason  ceases  to  be  a  member  of  the  Keichsrat, 
in  case  a  substitute  should  not  have  been  elected  for  such  representa- 
tive. In  the  latter  case  the  election  law  of  the  Reichsrat  shall  contain 
provisions  concerning  the  management  of  the  new  election.^  j 

Art.  19.  The  adjournment  of  the  Reichsrat  or  the  dissolution  of  the 
House  of  Representatives  shall  take  place  by  decree  of  the  Emperor. 
In  case  of  dissolution  a  new  election  shall  be  held  in  conformity 
with  Article  7. 

Art.  20.  Ministers  and  chiefs  of  the  central  administration  are 
entitled  to  take  part  in  all  deliberations  and  to  present  their  pro- 
posals personally  or  through  representatives.  Each  house  may  re- 
quire the  presence  of  a  minister.  Ministers  shall  be  heard  whenever 
they  desire.  They  shall  have  the  right  to  vote  only  when  they  are 
member^  of  one  of  the  houses. 

Art.  21.  Each  of  the  two  houses  of  the  Reichsrat  may  interpellate 
the  ministers  upon  all  the  matters  within  the  sQope  of  their  powers, 
may  investigate  the  administrative  acts  of  the  Government,  demand 
information  from  the  ministers  concerning  petitions  presented  to  the 
houses,  may  appoint  commissions,  to  w^hich  the  ministers  shall  give 
all  necessary  information,  and  may  give  expression  to  its  view^s  in  the 
form  of  addresses  or  resolutions. 

Art.  22.  A  special  law  shall  provide  how  the  control  of  the  public 
debt  shall  be  exercised  by  the  representative  bodies.^ 

Art.  23.  The  sessions  of  both  houses  of  the  Reichsrat  shall  be 
public. 

Each  house  shall  have  the  right,  in  exceptional  cases,  to  exclude 
the  public,  upon  the  demand  of  the  president  or  of  at  least  10  mem- 
bers, by  a  decision  taken  behind  closed  doors. 

Art.  24.  The  law  regarding  the  order  of  business  of  the  Reichsrat 
&hall  contain  detailed  provisions  concerning  the  reciprocal  and  ex- 
ternal relations  of  the  two  houses.^ 

Law  Concerning  the  Establishment  of  an  Imperial  Court. 

Article  1.  For  the  decision  of  conflicts  of  jurisdiction  and  of  dis- 
puted questions  of  public  law  an  Imperial  Court   {Reichsgericht) 

^  As  amended  26  January  1907. 

2  Law  of  10  June  1868,  amended  13  April  1870. 

"Laws  of  12  May  1873,  25  January  1875  and  2  March  1875.  Cf.  F.  Moreau  et 
J.  Delpech,  Les  B^glements  des  AssemhUea  legislatives,  vol.  i  (Paris,  1906),  pp.  426 
and  446. 


AUSTRIA-HUNGARY:   AUSTRIA.  21 

hall  be  established  for  the  kingdoms  and  countries  represented  in 
he  Reichsrat.^ 
Art.  2.  The  Imperial  Court  shall  decide  finally  concerning  conflicts 
f  jurisdiction : 

a.  Between  the  judicial  and  the  administrative  authorities,  con- 
erning  the  question  whether  a  matter  should  be  decided  judicially 
r  by  administrative  procedure,  in  the  case3  determined  by  law. 

h.  Between  the  provincial  diet  of  a  particular  country  and  the 
igher  governmental  authorities,  when  each  of  them  claims  the  right 
p  regulate  or  to  decide  an  administrative  matter. 

c.  Between  the  independent  public  authorities  of  the  several 
lountries  in  the  affairs  of  which  they  have  the  direction  and  ad- 
ministration. 
Art.  3.  The  Imperial  Court  shall  also  decide  finally : 

a.  Concerning  claims  of  a  particular  kingdom  or  country  against 

le  Empire,  and  vice  versa ;  claims  of  one  of  the  kingdoms  or  coun- 

ies  against  another ;  claims  of  a  commune,  corporation,  or  individual 

gainst  any  one  of  the  kingdoms  or  countries  or  against  the  Empire,, 

surh  claims  can  not  be  decided  by  the  regular  courts. 

h.  Concerning  complaints  of  citizens  on  account  of  the  violation 
f  political  rights  guaranteed  to  them  by  the  constitution,  after  the 
latter  shall  have  been  the  object  of  an  administrative  decision,  in 
ccordance  with  the  law. 

Art.  4.  Concerning  the  question  whether  the  decision  of  a  par- 
cular  case  is  within  its  jurisdiction,  the  Imperial  Court  alone  de- 
des;  its  decisions  exclude  any  further  appeal  or  judicial  pro- 
eedings. 

If  a  matter  is  referred  by  the  Imperial  Court  to  a  regular  court. 
r  to  an  administrative  authority,  the  latter  can  not  refuse  to  decide 
ich  a  matter  on  the  ground  of  incompetence. 

Art.  5.  The  Imperial  Court  shall  sit  at  Vienna,  and  shall  be  com- 
osed  of  a  president  and  president  substitute,  appointed  by  the 
imperor  for  life,  and  of  12  members  and  4  substitutes,  also  ap- 
lointed  for  life  by  the  Emperor,  upon  the  nomination  of  the 
eichsrat;  6  members  and  2  substitutes  shall  be  nominated  by  each 
Duse. 

The  nominations  should  be  made  in  such  a  way  that  there  shall  be 
iree  properly  qualified  candidates  for  each  place  to  be  filled. 
Art.  6.  A  special  law  shall  determine  the  detailed  provisions  con- 
rning  the  organization  of  the  Imperial  Court,  its  procedure,  and 
le  execution  of  its  decisions  and  orders.^ 

1  By  a  decision  of  20  January  1897,  the  Imperial  Court  held  that  it  was  not  competent 
decide  controversies  between  the  legislature  and  the  executive  authorities. 

2  The  Imperial  Court  was  organized  by  a  law  of  18  April  1809. 


22  constitutiolsrs  of  the  states  at  war. 

Law  Coxcerxin^g  the  Judicial.  Power. 

Article  1.  All  judicial  po^Ye^  of  the  State  shall  be  exercised  in 
the  name  of  the  Emperor. 

Judgments  and  sentences  shall  be  executed  in  the  name  of  the 
Emperor. 

Art.  2.  The  organization  and  jurisdiction  of  courts  shall  be 
established  by  law. 

Special  tribunals  may  be  established  only  in  the  cases  previously 
determined  by  law. 

Art.  3.  The  jurisdiction  of  military  courts  shall  be  determined 
by  special  law. 

Art.  4.  The  jurisdiction  with  reference  to  violations  of  the  police 
and  tax  laws  shall  be  regulated  by  Jaw. 

Art.  5.  The  judges  shall  be  appointed  for  life  by  the  Emperor  or 
in  his  name. 

Art.  6.  The  judges  shall  be  independent  in  the  execution  of  their 
judicial  office. 

They  shall  be  deprived  of  their  office  only  in  the  cases  provided 
by  law,  and  by  virtue  of  a  formal  judicial  sentence;  they  shall  be 
suspended  only  by  the  order  of  the  president  of  the  court  or  of  a 
higher  judicial  officer,  the  matter  being  at  the  same  time  referred  to 
the  proper  court;  the  transfer  of  a  judge  to  another  place  or  his 
retirement  against  his  will  shall  take  place  only  by  judicial  decision 
in  the  cases  and  in  the  manner  provided  by  law.^ 

However,  these  provisions  do  not  apply  to  displacements  or  re- 
tirements which  are  made  necessary  by  changes  in  the  judicial 
organization. 

Art.  7.  The  courts  shall  not  have  power  to  decide  as  to  the  validity 
of  laws  properly  promulgated.  However,  the  courts  may  determine 
the  validity  of  ordinances  {V erordnungen)  which  are  involved  in 
<;ases  before  them. 

Art.  8.  All  judicial  officers,  in  taking  the  oath  of  office,  shall  swear 
to  an  inviolable  observance  of  the  fundamental  laws. 

Art.  9.  Independently  of  the  other  means  provided  by  the  judicial 
procedure,  an  action  may  be  brought  against  the  State  or  its  judicial 
officers,  because  of  wrongs  committed  by  the  latter  in  the  exercise  of 
their  functions.  This  right  of  action  shall  be  regulated  by  a  special 
law. 2 

Art.  10.  Proceedings  before  the  judges  in  civil  and  criminal  cases 
shall  be  oral  and  public. 

Exceptions  to  this  I'ule  shall  be  determined  by  law.  In  criminal 
proceedings  the  system  of  public  prosecution  shall  be  in  force.^ 

1  Law  of  21  May  1868. 

2  Law  of  12  July  1872. 

3  Code  of  Criminal  Procedure  of  23  May   1873. 


AUSTRIA-HUNGARY:  AUSTRIA.  23 

Art.  11.  For  all  offenses  punished  by  severe  penalties,  which  shall 
1)6  determined  by  laAv,  as  well  as  for  all  political  crimes  and  misde- 
meanors and  offenses  committed  by  the  press,  a  jury  shall  decide 
concerning  the  guilt  of  the  accused. 

Art.  12.  The  Supreme  Court  of  Justice  and  Cassation  sitting  at 
Vienna  shall  be  maintained  for  all  of  the  kingdoms  and  countries 
represented  in  the  Reichsrat. 

Art.  13.  The  Emperor  shall  have  the  right  of  amnesty;  he  shall 
also  have  the  right  to  remit  or  to  reduce  the  penalties  imposed  by  the 
courts  as  well  as  to  relieve  the  convicted  person  of  the  legal  conse- 
quences of  his  condemnation,  with  a  reservation  of  the  restrictions 
contained  in  the  law  concerning  ministerial  responsibility. 

It  is  reserved  to  the  law  of  criminal  procedure  to  provide  a  legal 
rule  as  to  the  cases  in  which  a  punishable  act  shall  not  be  subject  to  a 
criminal  proceeding,  and  that  a  trial  begun  in  such  a  case  shall  be 
discoi\tinued. 

Art.  14.  Justice  shall  be  separated  from  administration  in  every 
case. 

Art.  15.  In  every  case  where  an  administrative  authority,  under 
present  or  future  laws,  has  to  decide  a  contest  between  individuals, 
the  party  injured  in  his  rights  by  such  decision  shall  be  free  to  pro- 
ceed against  the  other  party  in  the  regular  courts. 

Moreover,  if  anyone  asserts  that  through  a  decision  or  order  of  an 
administrative  authority  his  rights  have  been  violated,  he  shall  have 
the  right  to  make  his  claim  against  a  representative  of  the  adminis- 
trative authority  before  the  administrative  court  in  public  oral  pro- 
cedure. 

The  cases  in  which  the  administrative  court  shall  have  jurisdiction, 
the  composition  of  the  court  and  the  procedure  therein  shall  be  regu- 
lated by  a  special  law.^ 

Law  Concerning  the  Exercise  of  Administrative  and  Executive 

Power. 

Article  1.  The  Emperor  is  sacred,  inviolable,  and  irresponsible. 

Art.  2.  The  Emperor  shall  exercise  governmental  power  through 
responsible  ministers  and  officers  and  agents  subordinate  to  them. 

Art.  3.  The  Emperor  shall  appoint  and  dismiss  ministers  and, 
upon  the  proposal  of  the  respective  ministers,  appoint  all  officers  in 
all  branches  of  the  public  service,  in  so  far  as  the  law  does  not  other- 
wise provide. 

Art.  4.  The  Emperor  shall  confer  titles,  orders  and  other  public 
distinctions. 

1  Law  of  22  October  1875,  amended  19  March  1894  and  21  September  1905. 


24  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  5.  The  Emperor  shall  have  supreme  command  of  the  armed 
force,  shall  declare  war  and  conclude  peace. 

Art.  6.  The  Emperor  shall  conclude  political  treaties.  The  con- 
sent of  the  Reichsrat  is  necessary  for  the  validity  of  any  treaties  of 
commerce  or  political  treaties  which  impose  obligations  upon  the 
Empire,  upon  any  part  thereof,  or  upon  any  of  its  citizens. 

Art.  7.  The  right  to  coin  money  shall  be  exercised  in  the  name  of 
the  Emperor. 

Art.  8.  Before  assuming  the  government  the  Emperor  shall  take 
a  solemn  oath  in  the  presence  of  both  houses  of  the  Reichsrat : 

To  maintain  inviolable  the  fundamental  laws  of  tlie  kingdoms  and  countries 
represented  in  the  Reichsrat,  and  to  govern  in  conformity  with  them,  and  in  con- 
formity with  the  laws  in  general. 

Art.  9.  The  ministers  shall  be  responsible  for  the  constitutionality 
and  legality  of  governmental  acts  done  within  the  sphere  of  their 
powers.  * 

This  responsibility,  the  organization  of  a  court  to  try  impeach- 
ments of  ministers,  and  the  procedure  to  be  observed  in  such  a  court 
shall  be  regulated  by  a  special  law.^ 

Art.  10.  The  publication  of  the  laws  shall  take  place  in  the  name 
of  the  Emperor,  with  a  note  of  their  passage  by  the  representative 
bodies  in  the  constitutional  manner  and  under  the  signature  of  a 
reisponsible  minister.^ 

Art.  11.  The  public  authorities  are  empowered,  within  the  sphere 
of  their  respective  duties,  to  issue  decrees  and  orders  in  execution  of 
the  laws,  and  to  enforce  the  observance  of  such  regulations  and  of 
the  laws  by  all  those  to  whom  they  are  applicable. 

Special  laws  shall  regulate  the  powers  of  the  administrative  au- 
thorities, and  the  powers  of  the  armed  force  which  is  permanently 
organized  or  called  out  in  a  particular  case  for  the  maintenance  of 
public  safety,  peace  and  order. 

Art.  12.  All  the  officers  of  the  State  shall  be  responsible  for  the 
observance  of  the  fundamental  laws  and  of  the  imperial  and  pro- 
vincial laws  in  the  performance  of  their  official  duties. 

To  make  such  responsibility  effective  it  shall  be  the  duty  of  the 
organs  of  the  executive  power  to  exercise  a  disciplinary  control  over 
the  above-mentioned  public  officials. 

The  civil  liability  of  public  officers  for  injury  caused  by  illegal  use 
of  their  powers  shall  be  regulated  by  law. 

Art.  13.  All  members  of  the  public  administration,  in  their  oath 
of  office,  shall  swear  to  an  inviolable  observance  of  the  fundamental 
laws. 

^Law  of  25  July  1867.  2  Law  of  10  June  1869. 


3.  HUNGARY. 

The  constitutional  development  of  Hungary  has  frequently  been 
compared  with  that  of  England,  for  the  Constitution  is  not  embodied 
in  any  one  instrument,  but  is  contained  in  numerous  laws  which  may 
be  altered  by  the  regular  legislative  processes.  However,  in  Hungary 
the  Constitution  has  been  embodied  in  written  laws  to  a  much  greater 
extent  than  in  England. 

The  most  important  of  the  earlier  constitutional  documents  of 
Hungary  is  the  Bulla  Aurea  of  Andreas  II,  which  was  issued  in 
1222  ^  and  which  bears  a  striking  resemblance  to  the  English  Magna 
Carta  of  1215.  Bulla  Aurea  is  now  chiefly  of  historical  interest,  but 
is  of  importance  as  one  of  the  first  steps  in  a  long  and  continuous 
constitutional  development. 

Ferdinand  I  of  Austria  was  chosen  King  of  Hungary  in  1526, 
after  the  Hungarian  forces  had  been  signally  defeated  by  the  Turks 
at  the  battle  of  Mohacs.  The  Hapsburgs  constantly  endeavored  to 
reduce  Hungary  to  the  position  of  a  province  of  the  Empire,  and  to 
abolish  its  independent  national  institutions.  However,  by  the  Prag- 
matic Sanction,  which  was  embodied  in  three  Hungarian  laws  of 
1722-23,  the  rights  of  Hungary  were  guaranteed. 

Notwithstanding  the  guaranty  of  Hungarian  institutions  the  efforts 
to  weaken  or  destroy  them  continued,  and  it  was  only  in  1848  that 
the  revolutionary  movement  finally  enabled  the  liberal  members 
of  the  Diet  to  carry  their  measures.  Thirty-one  laws,  embodying 
among  other  things  the  Hungarian  demands  for  a  separate  responsi- 
ble ministry  and  for  annual  sessions  of  the  Diet,  were  enacted  and 
were  approved  by  the  Emperor  on  11  April  1848.  Under  these  laws 
Hungary  became  practically  independent,  uniting  with  Austria  by 
a  personal  union.  An  attempt  on  the  part  of  Hungary  to  secure  com- 
iplete  independence  resulted  in  the  surrender  of  the  Hungarians  at 
Vilagos  on  13  August  1849. 

After  Vilagos  Hungar}^  was  governed  for  10  years  as  a  subject 
[province.  The  Diploma  of  20  October  1860  recognized  the  rights 
of  the  Hungarian  Diet,  but  the  Patent  of  26  February  1861  estab- 
lished a  central  legislature  at  Vienna.     Hungary  refused  to  join  in 

^  French  translation  in  P.  R.  Darestr  et  P.  Dareste,  Les  Constitutions  modernes  (3d 
edition.  Paris,  1910),  vol.  i,  pp.  470-470. 

25 

88381—19 3 


26  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

such  a  legislature  or  to  be  content  with  any  arrangement  which 
should  not  give  her  absolute  control  over  her  local  affairs.  In  1865 
negotiations  Avere  entered  into  upon  the  basis  of  Hungary's  right  to 
an  independent  government,  and  the  agreement  of  1867  guarantees 
the  "  laws,  constitution,  legal  independence,  freedom,  and  territorial 
integrity  of  Hungary  and  its  subordinate  countries."  The  laws  of 
1848  again  came  into  full  force,  and  the  parliamentary  institutions  of 
the  country  Avere  reestablished  upon  a  firm  basis. 

Under  the  terms  of  the  agreement  of  186T  Hungary  Avas  left  to  deal 
as  it  thought  best  with  the  races  Avithin  its  territory.  With  Croatia 
alone  did  Hungary  find  it  necessary  to  make  special  terms.  By  a  laAV 
of  1868,  which  has  been  several  times  amended,  an  arrangement  ^  was 
made  betAveen  Hungary  and  Croatia  similar  in  many  respects  to  that 
between  Austria  and  Hungary.^ 


_  LAW  10  OF  1791.^ 

On  the  Independence  of  the  Kingdom  of  Hungary  and  Its 

Dependencies.* 

On  the  proposal  of  the  estates  and  orders  of  the  Kingdom,  His 
Sovereign  Majesty  has  been  graciously  pleased  to  recognize  that,  al- 
though the  female  succession  of  the  august  house  of  Austria,  estab- 
lished by  LaAvs  1  and  2  of  1723  in  the  Kingdom  of  Hungary  and  its 
dependencies,  attaches  to  the  same  prince  as  in  the  other  Kingdoms 
and  hereditary  States  situated  in  Germany  and  outside  of  Germany, 
Avhich  must  be  possessed  inseparably  and  indivisibly  in  accordance 
with  the  established  order  of  succession,  nevertheless,  Hungary  with 
its  dependencies  is  a  free  kingdom,  and  independent  in  all  that  con- 
cerns the  legal  form  of  the  government  (Avith  all  its  dicasteries^), 
that  is  to  say,  that  it  is  subject  to  no  other  kingdom  or  people,  but 
that  it  has  its  own  existence  and  constitution,  and  that  it  must  be 
governed  and  administered  by  its  hereditary  King,  legally  crowned, 
and,  consequently,  by  His  Sovereign  Majesty  and  his  successors,  the 
Kings  of  Hungary,  in  accordance  with  its  own  laAvs  and  customs  and 
not  on  the  model  of  other  provinces,  conformably  to  LaAvs  3  of  1715 
and  8  and  11  of  1741. 

1  French  translation  of  the  Compromis  in  Dareste,  op.  cit.,  pp.  505-520, 

2  These   introductory   paragraphs   are  based   upon   W.    F.    Dodd,  Modern    Constitutior 
(Chicago,  1909),  vol.  i,  pp.  91-93,  and  Dareste,  op.  cit.,  pp.  464-470  and  504-505. 

3  Laws  10.  12  and  19  of  1791  and  8,  18  and  20  of  1848  have  been  translated  by  RuTi 
E.  Staxton  from  the  French  translation  in  Dareste,  op.  cit.,  pp.  476,  477,  478,  48*3 
and  488. 

*  Leopoldi  II  Regis  Deoreti  A.  1791,  Art.  10  {De  independentia  Regni  Hungariw  parti 
unique  cidem  annexarum).  The  expression  partes  annexw  served  to  designate  the 
countries  beyond  the  Drave   (Croatia-Slavonia-Dalmatia). 

"  Government  authorities. 


AUSTRIA-HUNGARY:   HUNGARY.  27 

^LAW  12  OF  1791. 
On  the  Exercise  of  the  Legislative  and  Executive  Power/ 

His  Sovereign  Majesty  voluntarily  and  of  his  own  accord  recog- 
nizes that  the  power  to  make,  abrogate  and  interpret  the  laws  in 
this  Kingdom  of  Hungary  and  its  dependencies  belongs,  save  for 
the  provisions  of  Law  8  of  1741,  to  the  lawfully  crowned  Prince  and 
to  the  estates  and  orders  of  the  Kingdom  lawfully  assembled  in  Diet, 
and  he  has  been  graciously  pleased  to  declare  that  he  would  preserve 
intact  this, right  of  the  States,  and  would  transmit  it  inviolate  to  his 
august  successors  as  he  had  received  it  from  his  illustrious  ancestors, 
guaranteeing  to  the  estates  and  orders  of  the  Kingdom  that  the  King- 
dom and  its  dependencies  shall  never  be  governed  by  edicts  or  by 
what  are  known  as  patents,  which  can  in  no  case  be  received  by  any 
of  the  tribunals  of  the  Kingdom,  the  deliverance  of  patents  being 
reserved  only  in  the  case  where,  on  points  in  other  respects  conform- 
ing to  the  law,  the  publication  can  be  effectively  obtained  only  in 
this  way.     In  consequence: 

The  organization  of  tribunals,  established  or  to  be  established  by 
the  law,  can  not  be  modified  by  royal  authority;  the  execution  of 
lawful  sentences  can  not  be  prevented  by  orders  of  the  King,  nor  can 
he  in  person  be  permitted  to  prevent  it;  the  lawful  sentences  of  the 
tribunals  shall  not  be  altered  or  yielded  to  the  revision  of  the  King 
or  any  political  administrative  authority,  but  the  judgments  shall 
be  rendered  conformably  to  the  laws  at  present  existing  or  subse- 
quently to  be  made,  and  to  the  recognized  custom  of  the  Kingdom,  by 
judges  chosen  without  religious  distinction,  and  the  executive  power 
shall  be  exercised  by  His  Royal  Majesty  only  in  the  meaning  of  the 
laws. 

^^LAW  19  OF  1791. 

On  Subsidies  and  Contribution.^ 

His  Sovereign  Majesty  has  also  been  graciously  pleased  to  guar- 
antee fully  to  the  estates  and  orders  of  the  Kingdom  and  the  de- 
pendencies that  no  subsidies,  under  any  name  whatsoever,  either  in 
money,  in  kind  or  in  recruits,  shall  be  imposed  by  the  royal  will 
either  upon  the  estates  and  orders  or  upon  persons  not  of  the  nobility, 
nor  shall  they  be  solicited,  under  the  pretext  of  a  free  gift  or  for 
any  other  reason,  outside  of  the  diet,  save  in  so  far  as  concerns  the 
provision  of  Law  8  of  1715  confirmed  by  Law  22  of  1741.^     The 

^  Leopohli  II  Regis  Decreti,  Art.  12  {De  legislativw  et  executive  potestatis  exercitio). 

^  Leopoldi  II  Regis  Decreti,  Art.  19   {De  subsidiis  et  contrihutione) . 

3  These  laws  provide  that  in  case  of  an  unexpected  war  or  a  war  of  invasion  the  diet 
must  he  convoked  in  a  place  in  the  interior  of  the  Kingdom  in  order  to  deliberate  upon  an 
extraordinary  imposition    (tax). 


28  CONSTITUTIONS   OF  THE  STATES  AT  WAK. 

amount  of  the  contribution  appropriated  for  the  maintenance  of  the 
permanent  army  shall  always  be  determined  from  one  diet  to  the 
other  in  the  comitia  of  the  Kingdom;  save  for  the  other  provisions 
of  Law  8  of  1715  above  cited,  which  are,  presumably,  confirmed.^ 

.    ^  LAW  3  OF  1848.- 

On  the  Formation  of  a  Eesponsible  Hungarian  Ministry.^ 

Article  1.  The  person  of  His  Majesty  the  King  is  sacred  and 
inviolable. 

Art.  3.  His  Majesty  shall  exercise  the  executive  power  in  con- 
formity with  law,  through  the  independent  Hungarian  ministry, 
and  no  ordinance,  order,  decision,  or  appointment  shall  have  force 
unless  it  is  countersigned  by  one  of  the  ministers  residing  at  Buda- 
pest. 

Art.  4.  Each  member  of  the  ministry  shall  be  responsible  for  all 
of  his  official  actions. 

Art.  5.  The  official  seat  of  the  ministry  is  Budapest. 

Art.  6.  In  all  matters  which  have  heretofore  been  within  the  power 
of  the  Royal  Hungarian  Chancellery,  of  the  Eoyal  Council  of  the 
Regency  and  of  the  Royal  Council  of  the  Treasury,  including  therein 
mining,  and  especially  in  all  civil,  ecclesiastical,  financial  and  mili- 
tary affairs,  and  in  general  in  all  matters  relating  to  national  defense, 
His  Majesty  shall  henceforth  exercise  the  executive  power  exclusively 
through  the  Hungarian  ministry. 

Art.  7.  It  shall  be  within  the  immediate  power  of  His  Majesty, 
in  every  case  with  the  countersignature  of  the  proper  responsible 
Hungarian  minister,  to  appoint  archbishops,  bishops,  priors,  and 
abbots,  as  well  as  standard  bearers,  to  exercise  executive  clemency, 
to  grant  noble  rank,  titles  and  orders. 

Art.  10.  The  ministry  shall  be  composed  of  a  president  and  of 
eight  other  ministers,  if  the  president  does  not  himself  assume  one 
of  the  portfolios. 

Art.  12.  His  Majesty  shall  appoint  the  ministers  upon  the  nomi- 
nation of  the  president  of  the  ministry.* 

Art.  13.  One  of  the  ministers  shall  always  be  in  attendance  upon 
the  person  of  His  Majesty  and  shall  take  part  in  all  affairs  which 

1  This  refers  to  the  provisions  of  Law  8  of  1715  relative  to  the  military  service  of  the 
nobility  and  to  the  maintenance  of  the  permanent  army  by  means  of  a  contribution  to 
be  determined  in  accord  with  the  diet. 

■>  Translations  of  Laws  3,  4  and  5  of  1848,  33  of  1874,  and  7  of  1885  are  based  upon 
those  in  Dodd,  op.  cit.,  pp.  93-111.  French  translations  of  Laws  3  and  4  of  1848  and  7  ol 
1885  appear  in  Dareste,  op.  cit.,  pp.  479-487  and  493-501. 

3  Articles  2,  9,  11  and  38  of  this  law  were  repealed  and  Articles  3,  17,  19  and  24  were] 
modified  by  Law  7  of  1867,  which  suspended  the  office  of  Palatin.  Article  8  related  toj 
military  affairs  which  are  noAv  conducted  by  the  Austro-Hungariaii  Government. 

^  As  amended  by  Law  8  of  1867. 


AUSTRIA -HUNGARY!   HUNGARY.  29 

are  common  to  Hungary  and  the  hereditary  Provinces,  and  in  such 
affairs  he  shall,  under  his  responsibility,  represent  Hungary.^ 

JlftTT-tf .  Besides  the  member  attached  to  the  person  of  the  King 
for  the  affairs  mentioned  in  Article  13,  the  ministry  shall  be  divided 
into  the  following  departments : 
a.  Interior. 
h.  Finance. 
G.  Commerce.^ 
d.  Agriculture. 2 
€.  Religion  and  education. 
/.  Justice  and  pardons. 
g.  National  defense.'* 
A»¥r-31CA  separate  minister  shall  be  at  the  head  of  each  depart- 
ment and  of  the  official  personnel  thereof,  which  shall  be  under  the 
direction  of  the  respective  chiefs  of  division. 

Art.  16.  The  manner  of  conducting  business  within  the  depart- 
ments shall  be  regulated  by  the  ministry  itself. 

A«Trif:  The  president  of  the  ministry  shall  preside  over  the  Coun- 
cil of  Ministers  in  the  absence  of  the  King,  and  he  may  convene  the 
Council  of  Ministers  as  often  as  he  considers  it  necessary. 

Art.  18.  Each  minister  shall  be  responsible  for  the  orders  which  he 
signs. 

Art.  19.  For  the  consideration  of  the  public  affairs  of  the  country 
under  the  presidency  of  His  Majesty  or  of  the  president  of  the  min- 
istry, a  Council  of  State  shall  be  established  at  Budapest,  which  shall 
be  permanently  organized  by  the  next  Diet.* 

A«i-.  20:  In  addition  to  the  necessary  staff  of  officers,  two  councilors 
of  state  shall  be  assigned  to  the  minister  in  attendance  upon  the  per- 
son of  the  King,  such  councilors  to  be  selected  for  the  present  from 
among  the  active  councilors  of  the  Royal  Hungarian  Chancellery  upon 
the  nomination  of  the  above-mentioned  minister. 

Airrr-^l^  The  affairs  enumerated  in  Article  7  as  reserved  imme- 
diately to  His  Majesty  shall  be  administered  by  the  responsible  Hun- 
garian minister  in  attendance  upon  the  person  of  the  King,  together 
with  the  councilors  of  state  and  officers  associated  with  him. 

Art-.  ^.  The  other  active  councilors  of  the  Royal  Hungarian  Chan- 
cellery shall  be  transferred  to  the  Council  of  State  mentioned  in 
Article  19. 

^  Affairs  common  to  the  two  countries  are  now  handled  by  the  joint  ministry. 

2  As  amended  by  Law  18  of  1889.  These  two  ministries  were  formerly  called  "  Public 
Works,  Means  of  Conimunication  and  Navigation  "  and  "  Agriculture,  Industry  and  Com- 
merce," respectively. 

8  For  the  representation  of  the  interests  of  Croatia-Slavonia-Dalmatia,  there  is  also 
appointed  a  separate  Croatian  minister  who  is  without  portfolio.  This  minister  is  en- 
titled to  vote  in  the  Council  of  Ministers  and  is  responsible  to  the  Hungarian  House  of 
Representatives. 

*  The  Council  of  State  has  never  been  organized  ;  hence  Articles  19-24  are  not  really  in 
force. 


30  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

r-AsTT^. 'The  Royal  Hungarian  Council  of  the  Eegency  and  the 
Eoyal  Council  of  the  Treasury  shall  be  divided  among  the  respective 
departments  of  the  ministry  in  pursuance  of  the  provisions  of  Law 
58  of  1791,^  which  shall  also  be  taken  into  consideration  in  the  oro:ani- 
zation  of  the  Council  of  State. 

•Art:  24. The  presidents  of  the  government  offices  mentioned  in 

Article  6  shall  have  seats  in  the  Council  of  State  designated  by  Arti- 
cle 19,  and  shall  preside  therein  in  the  absence  of  the  King  and  the 
ministers. 

,Sb€;"^5.  All  officers  and  employees  of  the  government  offices  men- 
tioned in  Article  6,  not  only  those  who  receive  new  appointments  but 
also  those  who  can  not  be  given  places  in  the  above-mentioned  de- 
partments of  the  ministry,  shall  retain  their  present  salaries  until 
other  provision  is  made. 

-Art.'^G!^  The  legal  powers  of  all  local  governing  bodies  of  the  coun- 
try shall  remain  in  full  force.^ 

Art.  27.  The  legally  established  courts  shall  preserve  their  legal 
independence  and  shall  retain  their  present  organization  until  further 
provided  by  law.^ 

Art.  28.  The  ministers  shall  have  seats  in  the  two  houses  of  the 
Diet  and  must  be  heard  therein  when  they  wish  to  speak. 

Art.  29.  Ministers  shall  be  bound  to  attend  in  either  house  of  the 
Diet  when  requested,  and  to  give  proper  explanations. 

Art.  30.  Upon  demand  of  either  house  of  the  Diet  the  ministers 
shall  be  bound  to  submit  their  official  papers  for  examination  by  the 
house  itself  or  by  a  committee  appointed  by  the  house. 

Art.  01.  "Ministers  shall  have  a  vote  in  the  Diet  only  in  case  they  are 
legal  members  of  the  Table  of  Magnates  or  have  been  elected  as  repre- 
sentatives in  the  House  of  Representatives. 

Art.  32.  Ministers  may  be  held  responsible : 

a.  For  every  act  committed  or  order  executed  by  them  in  their 
official  capacity  which  violates  the  independence  of  the  country,  the 
guaranties  of  the  Constitution,  the  provisions  of  existing  laws,  per- 
sonal liberty,  or  the  inviolability  of  property. 

h.  For  misapplication  or  illegal  use  of  money  or  other  property 
entrusted  to  them. 

c.  For  failure  to  execute  the  laAvs  or  to  maintain  public  peace  and 
order,  in  ^o  far  as  such  neglect  could  have  been  avoided  by  the  use 
of  means  placed  at  their  disposal  by  the  law. 

1  This  law  provides  that  the  attributions  of  the  Council  of  the  Ref,ency  be  extended  to 
Croatia-Slavonia,  which  consequently  should  have  a  fixed  number  of  representatives 
therein. 

2  See  Dareste,  op.  cit.,  p.  482,  note  1. 

3  See  Daueste,  iMd.,  note  2. 


AUSTRIA-HUNGARY:   HUNGARY.  81 

Aht."^.  The  Lower  House  may  impeach  ministers  by  a  majority 

vote. 

;Uw»:-a4r  Jurisdiction  in  such  a  case  shall  be  vested  in  a  court, 
chosen  by  means  of  secret  ballot  by  the  Upper  House  from  among 
its  own  members ;  the  procedure  shall  be  public,  and  the  penalty  shall 
be  fixed  in  proportion  to  the  offense. 

Thirty-six  members  in  all  shall  be  elected,  of  whom  12  may  be  re- 
jected by  the  impeachment  commission  of  the  Lower  House,  12  by 
the  ministers  under  impeachment.  The  court  thus  composed  of  12 
persons  shall  try  the  impeached  ministers. 

-Airrr^.  With  respect  to  a  convicted  minister  royal  pardon  may  be 
granted  only  in  case  of  a  general  amnesty. 

•    Aj«*r86.  For  other  criminal  offenses  committed  by  ministers  in  an 
unofficial  capacity,  they  shall  be  amenable  to  the  ordinary  laws. 

jL«T.--^7  The  ministry  is  bound  to  submit  to  the  Lower  House  for 
its  examination  and  approval  an  annual  statement  of  the  income  and 
needs  of  the  country,  and  the  account  of  the  income  administered  by 
it  during  the  past  year. 

t.     ^LAW  4  OF  1848. 

On  the  Annual  Sessions  of  the  Diet. 

Article  1.  As  the  Diet  will  in  future  hold  annual  sessions  at  Pest, 
His  Majesty  shall  annually  assemble  the  Estates  of  the  country,  and 
whenever  circumstances  permit,  during  the  winter  months. 

Art.  2.  Hereafter  the  laws  to  be  promulgated  may  also  be  approved 
by  His  Majesty  during  the  course  of  the  annual  session.^ 

Art.  3.  Representatives  shall  be  elected  to  a  Diet  to  continue  for 
five  years,  and  for  all  the  annual  sessions  of  such  a  Diet.^ 

Art.  4.  After  1848  the  new  election  of  representatives  shall  take 
place  throughout  the  country  at  the  expiration  of  each  fifth  year, 
within  six  weeks  before  the  opening  of  the  first  annual  session  of  the 
new  Diet ;  members  elected  during  the  interval  between  general  elec- 
tions retain  their  seats  in  the  next  Diet  only  by  means  of  a  new  elec- 
tion and  so  retain  them  for  each  of  the  five  annual  sessions  of  a  Diet.^ 

Art.  5.  His  Majesty  shall  have  the  right  to  extend  or  to  adjourn 
the  assembled  annual  session  and  even  to  dissolve  the  Diet  before  the 
expiration  of  five  years,  and  in  such  a  case  to  order  a  new  election  of 
representatives;  but  in  the  latter  case  His  Majesty  shall  order  the 
meetinor  of  the  new  Diet  in  such  a  manner  that  it  shall  assemble 
within  three  months  after  the  dissolution  of  the  former  Diet.- 

Art.  6.  As  the  establishment  of  the  budget  by  the  Diet  is  always 
effective  for  only  one  year  and  as  no  tax  may  be  imposed  or  collected 

iCf.  Laws  66  and  67  of  1881. 

=*  Law  1  of  1886  extended  the  life  of  a  Diet  from  3  to  5  years. 


32  coi^STiTUTioisrs  of  the  states  at  war. 

without  a  new  establishment  and  grant,  in  case  His  Majesty  for  any 
reason  shall  dissolve  the  Diet  before  the  regular  time,  adjourn  or  close 
its  sessions  before  the  ministry  has  submitted  the  final  accounts  and 
the  estimates  for  the  next  year,  and  before  the  Diet  could  reach  a 
decision  concerning  these  matters,  the  Diet  must  be  convened  before 
the  end  of  the  year  and  within  sufficient  time  for  the  final  accounts 
and  the  estimates  for  the  succeeding  year  to  be  considered  therein 
before  the  close  of  the  year.^ 

AnrPn  T.  His  Majesty  shall  appoint  the  president  and  vice-president 
of  the  Table  of  Magnates  from  the  members  of  that  house;  the 
secretaries  shall  be  elected  by  the  house  from  among  its  own  members 
by  secret  ballot.^ 

Akt.  8.  -As  the  Royal  Table  ^  henceforth  ceases  to  be  an  inteirral 
part  of  the  House  of  Representatives,  this  house  shall  elect  from 
among  its  own  members,  by  secret  ballot,  a  president,  two  vice- 
presidents  and  the  secretaries. 

The  presidents  of  the  two  houses  shall  be  chosen  for  the  entire 
legislative  period  of  the  Diet;  the  other  officials  shall  be  chosen  an- 
nuall}^  in  the  first  sitting;  in  such  sitting  the  oldest  member  of  the 
Diet  shall  preside. 

Art:'  9-.  The  presidents  of  the  two  houses  shall  receive  salaries 
from  the  public  treasury,  the  amount  of  which  shall  be  fixed  in  the 
first  annual  session  of  the  new  Diet.^ 

ArTf.  lu.~The  sittings  of  the  two  houses  shall  continue  to  be  public. 
Each  house  shall  make  the  regulations  for  the  maintenance  of  the 
necessary  peace  and  order  in  its  deliberations,  and  of  silence  among 
those  listening  to  its  proceedings ;  the  president  is  charged  with  the 
strict  enforcement  of  such  rules. 

*Airt.  11.  In  this  regard  it  is  hereby  provisionally  directed  that  the 
audience  shall  in  no  way  disturb  the  deliberations. 

<Akt."12.  Should  the  audience  or  one  of  the  persons  present  disturb 
the  deliberations  and  the  first  warning  of  the  president  be  without 
effect,  the  president  may  upon  the  second  occasion,  referring  to  the 
present  law,  order  the  expulsion  of  the  audience  or  of  a  member 
thereof  and  the  closing  of  the  galleries. 

rrA«gc^l3.  After  this  is  done  the  deliberations  shall  be  continued 
upon  the  same  day  or  later,  as  the  majority  decides,  but  always 
publicly. 

Art*  14.  Peace  and  order  shall  be  maintained  by  serjeants-at-arms, 
with  the  assistance  of  the  national  guard  if  necessary.* 

1  As  amended  by  Law  10  of  1867.  The  old  Article  6  forbade  the  dissolution  of  the 
Diet  before  the  budget  had  been  voted. 

2  This  point  is  now  governed  by  Article  15  of  Law  7  of  1885. 

3  The  Supreme  Court  of  Hungary,  which  before  1848  formed  part  of  the  House  of  Rep- 
resentatives, its  president  presiding  in   that  body. 

*  The  national  guard  has  now  been  replaced  by  the  regular  army,  organised  by  Laws 
40  and  41  of  1868  and  6  of  1889. 


AUSTRIA-HUNGARY:   HUNGARY.  63 

Aai.  ISr.  In  addition  to  the  regulations  contained  in  the  foregoing 
sections,  each  house  shall,  in  its  first  annual  session,  immediately 
adopt  an  order  of  business,  in  which  the  manner  and  form  of  de- 
liberating and  of  voting  and  in  general  the  internal  affairs  of  the 
liouse  shall  be  regulated.  The  part  of  this  order  of  business  which 
relates  particularly  to  the  order  of  deliberating  may  be  altered  only 
at  the  end  of  the  annual  session,  after  the  close  of  the  consideration 
of  bills.i 

y     /  LAW  5  OF  1848. 

On  the  Election  of  Representatives  on  the  Principle  of  the 
Representative  System.^ 

Article  5.  The  House  of  Representatives  shall  consist  of  453  mem- 
bers, who  shall  enjoy  equal  voting  power,  and  who  shall  be  elected  in 
accordance  with  the  apportionment  made  on  the  basis  of  population, 
territory  and  economic  conditions.^ 

The  Diet  of  the  Kingdom  of  Croatia,  Slavonia  and  Dalmatia  shall 
elect  40  representatives.* 

LAW  8  OF  1848. 


On  Equ 


quality  in  Regard  to  Taxation. 

All  the  inhabitants  of  Hungary  and  its  dependencies  are  subject 
without  distinction,  equally  and  proportionately,  to  all  public 
charges.^ 

^LAW  18  OF  1848. 


The  previous  censorship  being  abolished  forever,  and  the  freedom 
of  the  press  having  been  reestablished,  the  guaranty  of  this  freedom 
shall  be  provisionally  assured  by  the  following  stipulations: 

Article  1.  Every  person  can  freely  express  and  circulate  his 
ithoughts  through  the  medium  of  the  press.     *     *     * 


X 


On  the  Press. 


^  French  translation  of  the  regulations  of  the  two  houses  appears  In  F.  Moread  et 
J.  Deli'ech,  Le8  Rdglements  des  Assemblies  Ugislatives,  vol,  i  (Paris,  1906),  pp.  482 
and    .jlTt. 

»See  Law  33  of  1874   (p.  34). 

8  As  amended  to  1881.  The  remainder  of  this  law  has  been  repealed.  Law  24  of  1901 
provides  that  a  merabpr  of  the  House  of  Rpprespntativ<>s  shall  not  occupy  any  office  or  . 
accept  any  position  which  is  dependent  upon  the  nomination  or  appointment  of  the 
Crown,  the  government,  or  the  organs  of  government,  and  which  carries  with  it  a  salary 
or  compensation.  From  this  rule  are  excopted  the  royal  Hungarian  ministers,  undersec- 
retarios  of  State  and  occupants  of  some  othor  less  important  positions. 

*  The  Croatian  members  sit  in  the  Hungarian  Diet  only  for  the  consideration  of  matters 
common  to  Hungary  and  Croatia  ;  these  matters  are  principally  finance,  defense  and  the 
monetary  system  ;  in  other  matters  the  Croatian  Diet  legislates  independently. 

'  The  rest  of  the  law  contains  only  transitory  provisions. 


34  CONSTITUTIONS   OF   THE  STATES   AT  WAR. 


/ 


^LAW  20  OF  1848. 
On  the  Religious  Cults.^ 


o 


Art.  2.  Absolute  equality  and  reciprocity  are  established  without 
distinction  in  what  concerns  all  the  religious  confessions  legally 
recognized  in  this  country. 

LAW  33  OF  1874. 

On  the  Modification  and  Amendment  of  Laav  5  of  1848,  and  of  the 
Transylvanian  Law  2  of  1848. 

chapter  I. QUALIFICATIONS   OF  VOTERS.^ 

Article  1.  With  the  exception  of  females,  the  right  to  vote  in  the, 
election  of  representatives  may  be  exercised  by  all  native  or  natu- 
ralized citizens  who  have  attained  the  age  of  20  years  and  who 
possess  the  qualifications  mentioned  in  Articles  1  and  2  of  Law  5  o 
1848  and  in  Articles  3  and  4  of  the  Transylvanian  Law  2  of  1848  an 
more  particularly  specified  in  the  subsequent  articles. 

Art.  2.  In  future  the  right  to  vote  may  no  longer  be  exercise 
upon  the  basis  of  the  privileges  existing  before  the  year  1848;  how-' 
ever,  those  who  were  registered  upon  such  basis  in  one  of  the  lists 
of  voters  for  representatives  prepared  between  1848  and  1872,  in- 
clusive, in  conformity  with  Law  5  of  1848  and  the  Transylvanian 
Law  2  of  1848,  shall  personally  remain  in  the  exercise  of  this  right. 

Art.  3.  In  the  royal  free  cities  and  in  cities  with  an  organized  ad- 
ministration the  right  to  vote  shall  belong  to  those  who  possess  alone 
or  jointly  w^ith  their  wives  and  minor  children : 

a.  A  house  which,  even  if  temporaril}^  exempt  from  taxation, 
consists  of  at  least  three  different  parts,  subject  to  the  householc 
tax;  or 

h.  Land  which  is  assessed  on  the  basis  of  a  net  income  of  16 
florins. 

Art.  4.  In  those  sections  of  the  country  in  which  Law  5  of  184^ 
is  effective,  the  right  to  vote  shall  belong  to  those  who  in  the  larger  oi 
smaller  communes  possess  one  fourth  of  an  urbarial  share  ^  or  othei 
land  of  an  equal  area  either  alone  or  jointly  with  their  wives  ant 

1  Only  Article  2  hag  been  translated  here,  because  it  establishes  a  principle  which  ma; 
be  regarded  as  constitutional.  This  principle  has  been  developed  by  Law  53  of  1868 
See  Dakeste^  op.  cit.,  p.  488,  note  2. 

2  Only  the  first  thirteen  articles  of  this  law  have  been  given  ;  the  other  articles  (14i 
121)  relate  to  proof  of  qualifications  and  to  electoral  procedure. 

3  The  urbarial  system  is  a  remnant  of  the  older  land  tenures  ;  it  refers  to  lands  re 
leased  by  the  lords  and  cultivated  by  the  peasants  on  their  own  account ;  the  area  of  the 
urbarial  share  varies  for  different  parts  of  the  country. 


AUSTRIA-HUNGARY:   HUNGARY.  35 

nnnor  children,  it  being  immaterial  in  whose  name  this  property  is 
registered. 

Lands  upon  which  the  tax  imposed  is  equal  to  that  of  the  most 
lightly  taxed  one-fourth  urbarial  share  in  the  same  commune  shall 
be  regarded  as  equal  in  size  to  one  fourth  of  an  urbarial  share. 

In  case  the  urbarial  system  does  not  exist  in  a  given  commune,  the 
most  lightly  taxed  one-fourth  urbarial  share  of  any  neighboring  com- 
mune resembling  the  given  commune  most  nearly  in  land  values 
shall  be  taken  as  the  standard. 

In  those  parts  of  the  provincialized  military  border  which  have 
been  incorporated  in  the  counties  of  Bacs-Bodrogh,  Temes,  Torontal, 
and  Krasso,  and  in  the  county  of  Szoereny,  10  joch  of  cultivated 
land,  each  of  3,200  square  yards,  shall  be  equal  to  one  fourth  of  an 
urbarial  share;  in  the  counties  of  Middle  Szolnok,  Kraszna,  and 
Zarand,  in  the  Koevar  district,  in  Jazygia  and  Cumania  8  joch  of 
2,400  square  yards  shall  equal  one  fourth  of  an  urbarial  share. 

Bottom  land,  gardens,  vineyards,  arable  land  and  meadows  shall 
be  regarded  as  cultivated  ground. 

Art.  5.  In  those  parts  of  the  country  in  which  the  Transylvanian 
Law  2  of  1848  is  in  force,  the  right  to  vote  may  be  exercised  by  those 
who  in  the  larger  or  smaller  communes : 

a.  Pay  land  taxes  according  to  the  present  land-tax  valuation 
on  a  net  income  of  84  florins,  but  if  they  own  a  house  belonging  in 
the  first  class  of  taxable  property,  on  an  income  of  79  florins,  80 
kreuzer,  and  if  the  house  be  rated  in  the  second  or  a  higher  class, 
on  an  income  of  72  florins,  80  kreuzer. 

In  case  of  the  correction  of  the  present  valuation  or  of  the  adop- 
tion of  a  new  valuation,  the  above-mentioned  amounts  of  income  shall 
be  changed  to  agree  with  the  change  in  ratio  between  the  present 
assessments  of  apparent  total  net  income  from  land  in  the  Transyl- 
vanian districts  and  those  of  the  altered  valuation. 

h.  Or  pay  the  public  tax  on  a  net  annual  income  of  not  less  than 
105  florins,  subject  either  to  the  land  or  house  tax,  or  to  the  income 
tax  of  the  first  or  third  class. 

In  addition  to  those  qualified  in  accordance  with  Law  12  of  1791, 
every  commune  which  has  at  least  100  homesteads  may  also  take  part 
in  the  election  of  representatives  through  two  informally  chosen 
electors,  smaller  communes,  however,  having  one  elector. 
Art.  6.  The  right  to  vote  shall  belong  also  to  those : 

a.  Who  possess  a  house,  either  alone  or  jointly  with  their  wives 
and  minor  children,  in  the  manner  provided  by  Article  4,  upon  which 
the  house  tax  has  been  assessed  on  an  annual  income  of  not  less  than 
105  florins. 


38  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

LAW  7  OF  1885. 
Altering  the  Organization  of  the  Table  of  Magnates.^ 
chapter  i. the  organization  of  the  table  of  magnates. 

Article  1.  Members  of  the  Table  of  Magnates  shall  be  those  who 
have  the  right  to  sit  and  vote  therein  by  virtue : 
a.  Of  hereditary  right. 
h.  Of  their  high  rank  or  office. 

c.  Of  their  appointment  for  life  by  His  Majesty  the  King. 

d.  Of  election  by  the  Diet  of  Croatia-Slavonia  ^  in  accordance 
with  Law  15  of  1881. 

Art.  2.  By  virtue  of  hereditary  right  the  following  shall  be  men- 
bers  of  the  Table  of  Magnates : 

a.  The  archdukes  of  the  royal  family  who  are  of  full  age. 
h.  All  male  members  of  24  years  of  age  of  families  which  have 
heretofore  had  the  right  of  membership  in  the  Hungarian  Table  of 
Magnates  or  which  had  received  from  the  Hungarian  King  the 
title  of  count  or  baron  in  Transylvania  before  the  union  of  that 
principality  with  Hungary,  if  they  alone  or  together  with  the  wives 
and  minor  children  living  in  a  common  household  with  them  possess 
and  enjoy  or  have  a  life  interest  or  a  family  interest  in  trust  in  real 
estate  within  Hungarian  territory,  assessed  upon  the  new  cadaster  of 
1885  for  the  direct  national  land  tax  to  an  amount  of  not  less  than 
3,000  florins,  Austrian  value,  including  therein  the  house  taxes  upon 
residences  and  industrial  establishments  attached  to  such  real  property. 

With  reference  to  families  of  magnates  whose  members,  besides 
their  rights  in  the  Hungarian  Upper  House,  have  by  birth  or  in 
some  other  manner  a  seat  and  vote  in  the  legislature  of  another 
State  of  the  monarchy  or  of  any  other  country,  it  is  provided  that, 
if  they  possess  the  property  qualification  mentioned  in  Clause  h 
of  this  Article  by  virtue  of  their  real  property  located  in  Hun- 
garian territory,  their  rights  in  the  Hungarian  Upper  House  shall 
not  be  exercised  unless  they  deliver  once  for  all  to  the  president  of 
the  Royal  Hungarian  Ministry  a  declaration  that  they  for  them- 
selves will  exercise  such  right  only  in  the  Hungarian  Upper  House ;. 
this  declaration  shall  be  made  within  six  months  after  the  comple- 
tion of  the  twenty-fourth  year,  and  if  such  age  has  already  been 
reached,  before  1  July  1885. 

The  president  of  the  ministry  shall  transmit  this  declaration  to 
the  president  of  the  Table  of  Magnates  within  eight  days  after  its 

^  Chaps.  2,  3  and  4  of  this  law  are  omitted  ;  they  contain   provisions  regarding  the 
appointment  of  officers,  order  of  business  and  other  matters  of  less  importance. 
2  Croatia-Slavonla  elects  3  members  of  the  Table  of  Magnates. 


AUSTRIA-HUNGARY:   HUNGARY.  39 

it'ceipt,  if  the  Diet  is  in  session,  and  if  it  is  not  in  session,  within 
(tight  days  after  its  assembling. 

c.  Hungarian  citizens  by  birth  and  their  legitimate  male  de- 
scendants in  a  direct  line,  upon  whom  His  Majesty,  upon  the  proposal 
of  the  Council  of  Ministers,  has  especially  conferred  the  right  of 
hereditary  membership  in  the  Table  of  Magnates,  in  addition  to  the 
corresponding  title  (duke,  count,  or  baron). 

Hungarian  citizens  who  are  not  such  by  birth  may  be  granted 
membership  in  the  Upper  House  upon  the  proposal  of  the  Council 
of  Ministers  only  by  means  of  legislation. 

In  either  case  the  Council  of  Ministers  may  propose  only  Hun- 
garian citizens  of  merit  who  have  attained  the  age  of  24  years,  are 
of  age  and  possess  the  property  qualifications  provided  by  this 
article. 

Art.  3.  If  a  member  of  one  of  the  families  designated  in  Clauses  h 
and  c  of  Article  2  does  not  possess  the  required  property  qualification, 
or  loses  it  later,  his  right  shall  cease  from  that  time  but  shall  be 
revived  if  he  afterward  regains  this  qualification. 

In  the  latter  case  the  right  may  be  exercised  in  the  session  follow- 
ing the  one  in  which  the  qualification  is  established. 

Art.  4.  By  virtue  of  their  high  rank  or  office,  and  during  the 
continuance  thereof,  the  following  shall  be  members  of  the  Table  of 
Magnates :    . 

A.  a.  The  standard  bearers  of  the  Kingdom  and  the  Count  of 
Pozsony  (Pressburg). 

l>.  The  two  curators  of  the  Crown. 
,  G.  The  governor  of  Fiume. 

d.  The  president  and  vice-president  of  the  Supreme  Court  and 
the  president  of  the  Court  of  Appeals  of  Budapest. 

B.  Also  by  virtue  of  their  high  rank  and  of  their  offices  the  fol- 
lowing shall  be  members  of  the  Table  of  Magnates  during  the  con- 
tinuance of  their  ecclesiastical  offices : 

a.  The  Roman  Catholic  Church  dignitaries  of  the  Latin  and 
Greek  rite  in  the  lands  of  the  Hungarian  Crown,  viz.,  the  Prince 
Primate  of  Hungary  and  the  other  archbishops,  the  bishops  of 
dioceses,  and  the  likewise  royally  appointed  suffragans  of  Belgrade 
and  Tinnin  (Knin),  and  finally,  the  Archabbot  of  Pannonhalma 
(Martinsberg),  the  Provost  of  Jaszo  and  the  Prior  of  Auranien. 

h.  The  dignitaries  of  the  Oriental  Greek  Church:  the  Servian 
Patriarch,  the  Roumanian  Metropolitan  and  the  bishops  of  dioceses. 

c.  The  three  senior  bishops  of  the  Evangelical  Reformed  Church 
and  of  the  Evangelical  Church  of  the  Augsburg  Confession;  the 
three  senior  superintendents  of  the  Evangelical  Reformed  Church, 
taking  into  account  the  religious  district  of  Transylvania,  especially 


40  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

the  senior  superintendent ;  the  inspector  general  and  the  two  senior 
direct  inspectors  of  the  Evangelical  Church  of  the  Augsburg  Con- 
fession; and  finally,  one  of  the  senior  presidents,  either  bishop  or 
superintendent,  of  the  Unitarian  Church. 

Art.  5.  Those  whom  His  Majesty  the  King  appoints,  upon  the  pro- 
posal of  the  Council  of  Ministers,  from  among  the  citizens  of  all  the 
countries  of  the  Crown  of  St.  Stephen,  in  recognition  of  merit  and 
to  increase  the  prestige  of  the  Upper  House  thereby,  shall  be  life 
members  of  the  Table  of  Magnates. 

As  soon  as  the  upper  house  is  organized  in  accordance  with  the 
present  law,  the  number  of  members  appointed  for  life  shall  not 
exceed  30.  In  future  such  appointments  shall  take  place  gradually, 
and  in  no  case  shall  more  than  five  appointments  be  made  in  one  year. 
The  total  number  of  life  members  shall  never  exceed  50. 

Art.  6.  The  fact  that  a  person  is  engaged  in  military  service,  is  in 
the  active  performance  of  a  civil  or  religious  office,  or  is  appointed  to 
such  a  position,  imposes  no  obstacle  to  the  exercise  of  a  right  of  mem- 
bership in  the  Table  of  Magnates  belonging  to  him,  or  to  his  being 
named  a  hereditary  or  life  member  thereof. 

Art.  7.  Should  new  offices  or  positions  of  high  rank  be  created  or 
should  new  bishoprics  or  ecclesiastical  districts  be  established  by  the 
religious  confessions  mentioned  in  Article  4,  such  offices  and  positions 
shall  not  carry  Avith  them  the  right  to  a  seat  in  the  Table  of  Magnates, 
unless  this  is  expressly  provided  by  law. 

Art.  8.  The  members  designated  by  Article  1,  Clause  d^  shall  have 
the  right  to  take  part  in  the  deliberations  and  voting  only  with  refer- 
ence to  the  matters  common  to  the  countries  and  provinces  of  the 
Hungarian  Crown. 

Art.  9.  Without  prejudice  to  the  provision  of  Article  59  of  Law  30 
of  1868,^  no  person  shall  be  a  member  of  the  Table  of  Magnates  who 
does  not  satisfy  the  provisions  of  Article  1  of  Law  44  of  1868,  accord- 
ing to  which  Magyar  is  the  only  language  of  legislation. 

Art.  10.  Members  of  the  Table  of  Magnates  shall  lose  their  mem- 
bership in  the  following  cases : 

a.  A  member  by  virtue  of  his  high  rank  or  office,  when  he  ceases 
to  hold  such  office  or  position,  because  of  voluntary  resignation  or 
of  legal  disciplinary  or  judicial  proceedings. 

h.  A  life  member,  when  his  resignation  is  accepted  by  His  Maj- 
esty, upon  the  proposal  of  the  Council  of  Ministers. 

c.  A  member  elected  by  the  Diet  of  Croatia-Slavonia,  when  his 
term  of  election  expires. 

1  The  law  which  permits  the  memhers  from  Croatia-Slavonia  to  use  their  own  language 
in  the  Hungarian  Diet. 


AUSTRIA-HUNGARY:   HUNGARY.  41 

(L  Any  member,  Avithout  reference  to  the  legal  basis  of  his  mem- 
bert-hip,  who  may  be  condemned  by  the  regular  courts  to  prison  or 
to  imprisonment  at  hard  labor,  or  for  a  crime  or  misdemeanor  com- 
mitted for  the  purpose  of  gain,  or  who  has  lost  his  citizenship. 
Art.  11.  The  right  is  not  lost  but  its  exercise  is  suspended: 
a.  During  the  time  for  which  a  member  has  been  condemned  by 
the  regular  courts  to  a  suspension  of  political  rights  on  account  of 
a  crime  or  misdemeanor  not  coming  within  Article  10,  Clause  d. 

h.  During  the  period  of  bankruptcy  of  those  who  become  bank- 
nipt. 

e.  During  the  continuance  of  guardianship  of  those  who  have 
been  placed  under  guardianship,  except  in  cases  of  guardianship  be- 
cause of  prodigality  or  absence. 

d.  For  hereditary  members,  during  the  session  in  the  course  of 
which  it  is  decided,  in  accordance  with  Article  19  of  this  law,  that 
:hey  have  lost  the  property  qualification  of  membership. 

Art.  12.  When  a  person,  who  is  a  member  of  the  Table  of  Mag- 
lates  by  virtue  of  Article  4,  Section  A  or  Section  B,  Clauses  a  and 
';,  or  of  Article  5,  is  elected  a  representative  and  accepts  such  elec- 
ion,  he  shall  cease  to  be  a  member  of  the  Table  of  Magnates;  but  as 
oon  as  the  office  of  a  representative  is  ended,  those  mentioned  in 
Article  4,  Section  B,  Clauses  a  and  h^  shall  at  once  regain  their 
nenibership  in  the  Table  of  Magnates  and  may  exercise  it  in  the 
text  session.  The  other  members  of  the  Table  of  Magnates  men- 
ioned  in  this  paragraph  may  recover  their  membership  in  accord- 
mce  with  Articles  4  and  5. 

Should  the  ecclesiastical  and  lay  dignitaries  mentioned  in  Article 
:,  Section  B,  Clause  <?,  be  elected  as  representatives  and  accept 
uch  election,  the  senior  one  of  their  colleagues  who  is  not  already 
member  of  the  Upper  House  shall  take  the  place  and  hold  it, 
'hile  he  lives  and  fills  the  office,  even  though  the  person,  whose 
lace  he  occupies,  ceases  to  be  a  representative. 

Should  a  hereditary  member  of  the  Table  of  Magnates  be  elected 
representative  and  accept  such  election,  he  shall  not  exercise  his 
ights  of  niembership  in  the  Table  of  Magnates  during  the  term  of 
is  office  as  representative,  and  should  he  resign  the  office  of  repre- 
'mtative  during  the  course  of  a  session,  his  membership  in  the  Table 
if  Magnates  does  not  revive  until  the  following  session. 
Every  member  of  the  Table  of  Magnates,  who  is  elected  a  repre- 
mtative  is  bound,  after  the  verification  of  his  election,  to  inform 
le  president  of  the  Table  of  Magnates  whether  or  not  he  has  ac- 
jpted  such  election;  the  president  shall  bring  this  information  to 
le  knowledge  of  the  House. 

88381—19 4 


BELGIUM. 

The  Protocol  of  21  June  1814^  united  Belgium  with  Holland,  and 
he  Constitutional  Law  of  the  Netherlands,  promulgated  on  27  August 
1815,2  was  therefore  common  to  the  two  countries  until  the  Belgian 
devolution  of  25  August  1830.  A  National  Congress  of  Belgians 
vas  convened  on  10  November  1830,  but  even  before  it  met,  the  pro- 
isional  government  of  Brussels,  by  decrees  of  6,  T,  8,  9  and  14 
October  1830,  named  a  committee  of  twelve  to  prepare  an  outline 
f  a  Constitution.  This  committee  declared  itself  in  favor  of  the 
doption  of  a  constitutional  monarchy  as  the  form  of  government. 
?he  National  Congress  proclaimed  the  independence  of  Belgium  on 
8  November,^  and  adopted  the  monarchial  form  of  government  and 
he  bicameral  system  of  representation  on  22  November.  The  Con- 
titution  was  drafted  on  the  basis  of  the  outline  adopted  by  the  com- 
littee  of  twelve  ahd  was  passed  in  its  entirety  on  7  February  1831, 
v^hich  is  the  date  officially  given  to  it,  although  it  was  not  promul- 
ated  until  11  February.*  Leopold  of  Saxe-Coburg  became  King 
1  June  of  the  same  year.  The  Belgian  Constitution  of  1831  re- 
lained  unaltered  for  over  60  years,  and  proposals  for  its  revision 
ere  rejected  by  large  majorities  in  1871, 1883  and  1887. 

In  1892,  however,  the  three  powers  of  the  State  united  in  asking 
or  the  revision  of  13  articles  of  the  constitution,  the  special  object 
f  the  reform  being  the  electoral  system  of  the  two  houses.  New 
ouses  were  elected  on  14  June  following,  in  conformity  with  Article 
31  of  the  Constitution.  A  series  of  decrees,  all  dated  7  September 
393,  promulgated  the  text  of  the  revised  articles.^ 

In  accordance  with  a  treaty  signed  at  Brussels  on  28  November 
)07,^  the  administration  of  Congo  Free  State  was  taken  over  by 
elgium,  and,  by  a  royal  decree  of  4  November  1908,  15  November 

I  as  fixed  as  the  date  for  the  actual  assumption  of  the  exercise  of  the 
>vereign  rights.  On  18  October  1908^  a  separate  Constitutional 
aw  for  the  Congo  was  sanctioned  by  the  King.^ 

1^  Signed  at  Vienna  on   14   June  and  approved  at   Paris  on   21   June.     Frencli   text  in 
Urtexs,  Nouveau  Recueil,  supp.,  1 :  p.  330 ;  English  translation  in  Hertslet,  Map  of 
rope  hy  Treaty,  vol.  i   (London,  1875),  p.  40. 

:  French  text  in  British  and  Foreign  State  Papers,  3  :  pp.  16-43,  with  Proclama^on  on 
?es  43-45. 

'French  text  of  the  Proclamation  in  British  and  Foreign  State  Papers,  17:  p.  1241. 
•  French  text  of  the  Proclamation  in  British  and  Foreign  State  Papers,  18  :  p.  1052. 
'French  text  of  the  decrees,  each  of  which  contains  one  revised  article,  in  British  and 
reign  State  Papers,  85  :  pp.  783-788. 

French  text  in  British  and  Foreign  State  Papers,  100:  pp.  705-706. 

French  text  of  the  Law  of  18  October  1908  in  British  and  Foreign  State  Papers,  101 ; 

733-742,  and  F.  R.  Dareste  et  P.  Dareste,  Lea  Constitutions  modernes  (Paris,  1910), 
.  I,  pp.  98-104. 

These  introductory  paragraphs  are  based  on  Daueste,  op  eit.,  pp.  73  and  96-97. 

43 


44  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

CONSTITUTION  OF  7  FEBEUARY  1831,  WITH  AMENDMENTS  OF  7 

SEPTEMBER  1893.^ 

Title  I. — The  Terkitory  and  Its  Divisions. 

Article  1.^  Belgium  is  divided  into  provinces. 

These  provinces  are:  Antv^^erp,  Brabant,  West  Flanders,  East 
Flanders,  Hainaut,  Liege,  Limbourg,  Luxembourg,  Namur. 

If  there  should  be  occasion  for  it,  the  territory  may  be  divided  by 
law  into  a  greater  number  of  provinces. 

The  colonies,  possessions  beyond  the  sea,  or  protectorates  v^rhich 
Belgium  may  acquire  shall  be  governed  by  special  laws.  The  Bel- 
gian forces  required  .for  their  defense  shall  be  recruited  only  by  vol- 
untary enlistment. 

Art.  2.  Subdivisions  of  the  provinces  shall  not  be  made  except 
by  law. 

Art.  3.  The  boundaries  of  the  State,  of  the  provinces  and  of  the 
communes  shall  not  be  changed  or  rectified  except  by  law. 

Title  II. — Belgian  Citizens  and  Their  Rights. 

Art.  4.  Belgian  nationality  is  acquired,  retained  and  lost  accord- 
ing to  regulations  established  by  the  civil  law. 

The  present  Constitution  and  the  other  laws  relating  to  politica' 
rights  determine  what  other  conditions  are  necessary  for  the  exercise 
of  these  rights. 

Art.  5.  Naturalization  is  granted  by  the  legislative  power. 

Full  naturalization  alone  admits  foreigners  to  equality  with  Bel- 
gians in  the  exercise  of  political  rights.^ 

Art.  6.  There  shall  be  no  distinction  of  classes  in  the  State. 

All  Belgians  are  equal  before  the  law ;  they  alone  are  admissible  tc 
civil  and  military  offices,  with  such  exceptions  as  may  be  establishe( 
by  law  for  particular  cases. 

Art.  7.  Individual  liberty  is  guaranteed. 

No  one  may  be  prosecuted  except  in  cases  provided  for  by  law  am 
in  the  form  therein  prescribed. 


^Translation  based  upon  W.  F.  Dodd,  Modern  Constitutions  (Chicago,  1909),  vol.  i,  pp. 
126-148,  which  is  based  in  part  on  the  translation  of  J.  M.  Vincent  and  A.  S.  Vincent 
in  the  Supplement  to  the  Annals  of  the  American  Academy  of  Political  and  Social 
Scienc-e^s,  May,  1896  (Philadelphia,  1896),  pp.  309-333.  English  translation  (by  Francis 
B.  Lee)  of  the  Constitution  of  1831  without  the  amendments  of  1893  appears  in  Foreign 
Constitutions  [The  Convention  Manual  of  the  Sixth  Neiv  York  State  Constitutional 
Convention,  189^,  part  2,  vol.  3]  (Albany,  1894),  pp.  35-54.  French  translation  in 
Dareste,  op.  cit.,  pp.  74-95,  and  Paul  Posener,  Die  Staatsverfassungen  dea  Erdhalls 
(Charlottenburg,  1909),  pp.   2-16. 

2  As  amended  7  September  1893.  The  boundaries  of  the  Kingdom  of  Belgium  were 
definitively  fixed  by  the  treaty  of  19  April  1839.  The  provision  regarding  colonies  was 
introduced  in  1893  to  give  the  government  power  to  administer  the  Congo  Free  State 
when  it  should  become  a  Belgian  possession. 

3  Laws  of  6  August  1881  and  25  March  1894. 


BELGIUM.  45 

Except  when  one  is  taken  in  the  commission  of  an  offense  no  one 
may  be  arrested  without  a  warrant  issued  by  a  magistrate,  which 
ought  to  be  shown  at  the  time  of  arrest,  or  at  the  latest  within  24 
hours  thereafter.^ 

Art.  8.  No  person  shall  be  removed  against  his  will  from  the  juris- 
diction of  the  judge  to  whom  the  law  assigns  him. 

Art.  9.  No  penalty  shall  be  established  or  enforced  except  by  virtue 
of  a  law. 

Art.  10.  The  private  domicile  is  inviolable;  no  search  of  premises 
shall  take  place  except  in  the  cases  provided  for  by  law  and  according 
to  the  form  therein  prescribed. 

Art.  11.  No  one  may  be  deprived  of  his  property  except  for  a  pub- 
lic purpose  and  according  to  the  forms  established  by  law,  and  in 
consideration  of  a  just  compensation  previously  determined. 

Art.  12.  Punishment  by  confiscation  of  property  shall  not  be  estab- 
lished. 

Art.  13.  Total  deprivation  of  civil  rights  {mort  civile)  is  abol- 
ished and  shall  not  be  reestablished.^ 

Art.  14.  Religious  liberty  and  the  freedom  of  public  worship,  as 
well  as  free  expression  of  opinion  in  all  matters,  are  guaranteed,  with 
the  reservation  of  power  to  suppress  offenses  committed  in  the  use 
3f  these  liberties. 

Art.  15.  No  one  shall  be  compelled  to  join  in  any  manner  what- 
ever in  the  forms  or  ceremonies  of  any  religious  denomination,  nor 
:o  observe  its  days  of  rest. 

Art.  16.  The  State  shall  not  interfere  either  in  the  appointment 
or  in  the  installation  of  the  ministers  of  any  religious  denomination 
whatever,  nor  shall  it  forbid  them  to  correspond  with  their  superiors 
or  to  publish  their  proceedings,  subject,  in  the  latter  case,  to  the  ordi- 
lary  responsibility  of  the  press  and  of  publication. 

Civil  marriage  shall  always  precede  the  religious  ceremony,  except 
\n  cases  to  be  established  by  law  if  found  necessary. 

Art.  17.  Private  instruction  shall  not  be  restricted;  all  measures 
nterfering  with  it  are  forbidden ;  the  repression  of  offenses  shall  "be 
oe  regulated  by  law. 

Public  instruction  given  at  the  expense  of  the  State  shall  likewise 
)e  regulated  by  law.^ 

Art.  18.  The  press  is  free;  no  censorship  shall  ever  be  established; 
10  security  shall  be  exacted  of  writers,  publishers,  or  printers."* 

1  Law  of  20  April  1874,  amended  30  May  1889. 

^  La  mort  civile  Is  abolished  as  a  punishment  liy  itself.  The  condition  follows  as  a  sec- 
'Udary  consequence  of  condemnation  to  death,  hard  labor,  or  transportation  for  life. 

3  Laws  of  20  September  1884  and  IG  September  1805  on  primary  instruction  ;  Law  of 

June  1850  on  secondary  education,  amended  15  June  1881  ;  Laws  of  27  September  1835 
nd  15  July  1849  on  higlier  education  ;  and  Laws  of  10  April  1890  and  3  July  1891  on  the 
onferring  of  academic  doj?rees. 

*  See  also  Articles  9G  and  98  which  relate  to  trials  of  offenses  of  the  press. 


46  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

In  case  the  writer  is  known  and  is  a  resident  of  Belgium,  the  pub- 
lisher, printer,  or  distributor  shall  not  be  prosecuted. 

Art.  19.  Belgians  have  the  right,  without  previous  authorization, 
to  assemble  peaceably  and  without  arms,  conforming  themselves  to 
the  laws  which  regulate  the  exercise  of  this  right. 

This  provision  does  not  apply  to  assemblies  in  the  open  air,  which 
remain  entirely  under  the  police  laws. 

Art.  20.  Belgians  have  the  right  of  association;  this  right  shall 
not  be  restricted  by  any  preventive  measure. 

Art.  21.  Anyone  has  the  right  to  address  petitions  to  the  public 
authorities,  signed  by  one  or  more  persons. 

Legally  organized  bodies  alone  have  the  right  to  petition  under  a 
collective  name. 

Art.  22.  The  privacy  of  correspondence  is  inviolable.  The  law 
shall  determine  who  are  the  agents  responsible  for  the  violation  of 
the  secrecy  of  letters  entrusted  to  the  post. 

Art.  23.  The  use  of  the  languages  spoken  in  Belgium  is  optional. 
This  matter  may  be  regulated  only  by  law  and  only  for  acts  of  public 
authority  and  for  judicial  proceedings.^ 

Art.  24.  IN'o  previous  authorization  is  necessary  to  bring  action 
against  public  officials  for  the  acts  of  their  administration,  except 
as  provided  for  ministers.- 

Title  III. — Concerning  Power. 

Art.  25.  All  powers  emanate  from  the  people. 

They  shall  be  exercised  in  the  manner  established  by  the  Con- 
stitution. 

Art.  26.  The  legislative  power  shall  be  exercised  collectively  bj 
the  King,  the  House  of  Representatives  and  the  Senate. 

Art.  27.  Each  of  the  three  branches  of  the  legislative  power  shal 
have  the  right  of  initiative. 

Nevertheless,  all  laws  relating  to  the  revenues  or  expenditures  o: 
the  State  or  to  the  army  contingent  must  be  voted  first  by  the  House 
of  Representatives. 

Art.  28.  The  authoritative  interpretation  of  the  laws  shall  belong 
only  to  the  legislative  power. 

Art.  29.  The  executive  power  is  vested  in  the  King,  subject  to  th< 
regulations  of  the  Constitution. 

Art.  30.  The  judicial  power  shall  be  exercised  by  the  courts  an< 
the  tribunals. 

Decrees  and  judgments  shall  be  executed  in  the  name  of  the  King 

1  Laws  and  royal  decrees  are  published  in  French  in  the  Moniteur;  the  French  text  li 
the  only  oflacial  text.  Flemish  may  be  used  in  some  official  documents  (see  Daresth 
op.  cit.,  p.  77,  note  1). 

2  See  below,  Articles  63,  90  and  134. 


BELGIUM.  47 

Art.  31.  Exclusively  communal  or  provincial  affairs  shall  be  regu- 
lated by  the  communal  or  provincial  councils,  according  to  the 
principles  established  by  the  Constitution. 

CHAPTER  I. THE  HOUSES. 

•^ '  Art.  32.  The  members  of  the  two  houses  shall  represent  the  nation, 
and  not  the  province  alone,  nor  the  subdivision  of  the  province  which 
elected  them. 

Art.  33.  The  sessions  of  the  houses  shall  be  public. 
'     Xevertlieless  each  house  may  resolve  itself  into  a  secret  committee 
upon  the  demand  of  its  president  or  of  10  members. 

It  shall  then  decide  by  vote  of  an  absolute  majority  whether  the 
session  shall  be  resumed  in  public  upon  the  same  subject. 

Art.  34.  Each  house  shall  judge  of  the  qualifications  of  its  own 
members,  and  shall  decide  all  contests  which  arise  upon  that  subject. 

Art.  35.  No  person  shall  at  the  same  time  be  a  member  of  both 
houses. 

Art.  36.  Any  member  of  either  of  the  two  houses,  who  shall  be 
appointed  by  the  government  to  any  other  salaried  office  except  that 
of  minister,  and  who  accepts  the  same,  shall  vacate  his  seat  imme- 
diately, and  may  resume  his  duties  only  by  virtue  of  a  new  election.^ 

Art.  37.  At  each  session,  each  of  the  houses  shall  elect  its  iDresi- 
dent,  its  vice  president,  and  shall  form  its  bureau.^ 

Art.  38.  An  absolute  majority  of  the  votes  shall  be  necessary  to 
pass  any  resolution  except  as  otherwise  established  by  the  rules  of 
the  houses  in  regard  to  elections  and  nominations.^ 

In  case  of  an  equal  division  of  votes,  the  proposition  under  con- 
sideration is  rejected. 

Neither  of  the  two  houses  shall  pass  a  resolution  unless  a  majority 
of  its  members  are  present. 

Art.  39.  The  votes  shall  be  viva  voce  or  by  rising  and  sitting;  the 
vote  on  a  law  as  a  whole  shall  always  be  by  roll  call  and  viva  voce. 
The  election  and  nomination  of  candidates  shall  be  by  secret  ballot. 

Art.  40.  Each  house  has  the  right  to  investigate  the  conduct  of 
public  affairs.* 

Art.  41.  A  proposed  law  shall  not  be  passed  by  either  of  the 
houses  unless  it  has  been  voted  upon  article  by  article. 

Art.  '42.  The  houses  have  the  right  to  amend  and  to  divide  the 
articles  and  amendments  proposed. 

1  As  amended  7  September  1893.  By  the  original  article  ministers  were  also  required  to 
spek  reelection.  The  principle  laid  down  in  this  article  is  developed  in  Articles  238  and 
239  of  the  Electoral   Law    (1894). 

"^  The  term  '*  bureau  "  is  used  to  refer  to  all  other  officers  of  the  legislative  body,  e.  g., 
secretaries,  etc. 

3  For  questions  requiring  a  two-thirds  vote,  see  Articles  61,  62  and  131. 

*  Law    of    3    May    1880    to    regulate    the    form    of    parliamentary    investigations. 


48  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

Art.  43.  To  present  petitions  in  person  to  the  houses  is  forbidden. 

Each  house  has  the  right  to  send  to  the  ministers  the  petitions 
which  are  addressed  to  it.  The  ministers  are  obliged  to  give  ex- 
planations upon  the  contents  of  such  petitions  whenever  the  house 
demands. 

Art.  44.  No  member  of  either  house  shall  be  arrested  or  prose- 
cuted on  account  of  opinions  expressed  or  votes  cast  by  him  in  the 
performance  of  his  duties. 

Art.  45.  No  member  of  either  house  shall  during  the  continuance 
of  the  session  be  prosecuted  or  imprisoned  after  trial,  except  by  the 
authority  of  the  house  of  which  he  is  a  member,  unless  he  be  ap- 
prehended in  the  commission  of  an  offense. 

No  member  of  either  house  shall  be  arrested  during  the  session, 
except  by  the  same  authority. 

The  detention  or  the  i)rosecution  of  a  member  of  either  house  shall 
be  suspended  during  the  session  and  for  the  entire  term,  if  the  house 
so  demands. 

Art.  46.  Each  house  shall  determine  by  its  own  rules  the  manner 
in  which  it  is  to  exercise  its  powers.^ 

SECTION    1. — THE   HOUSE   OF  REPRESENTATIVES. 

Art.  47.^  The  members  of  the  House  of  Representatives  shall  be 
chosen  by  direct  election  under  the  following  regulations  : 

One  vote  is  allotted  to  citizens  who  have  reached  the  age  of  25 
years,  resident  for  at  least  one  year  in  the  same  commune,  and  who 
are  not  otherwise  excluded  by  law. 

One  additional  vote  is  allotted  in  consideration  of  any  one  of  the 
following  conditions : 

1.  Having  reached  the  age  of  35  years,  being  married  or  a 
widower  with  legitimate  offspring,  and  paying  to  the  State  a  tax 
of  not  less  than  5  francs  as  a  householder,  unless  exempt  on  account 
of  his  profession. 

2.  Having  reached  the  age  of  25  years  and  being  the  owner  either 
of  real  estate  of  the  value  of  at  least  2,000  francs,  said  value  to  be 
rated  on  the  basis  of  the  cadastral  assessment,  or  possessing  income 
from  land  corresponding  to  such  valuation,  or  being  inscribed  in  the 
great  book  of  the  public  debt,  or  possessing  obligations  of  the 
Belgian  government  savings  bank  bearing  at  least  100  francs  -interest. 

These  inscriptions  and  bank  books  must  have  belonged  to  the  \ 
holder  for  at  least  two  years. 

1  See  F.  MouEAU  et  J.  Delpech,  Leg  Rdglements  des  Assemhlees  Icoislafives,  vol.  i 
(Paris,  1906),  pp.  617  and  637. 

2  As  amended  7  September  1893.    Elections  of  representatives  are  regulated  by  Laws  of 
12  April  and  28  June  1894,  a;*  modified  by  Laws  of  11  June  1896,  31  March   1898.  29 
December  1899,  and  18  April  1902.     Proportional  representation  was  introduced  by  the  , 
Law  of  29  December  1899.  I 


BELGIUM.  49 

The  property  of  the  wife  is  counted  with  that  of  the  husband; 
that  of  minor  children  with  that  of  the  father. 

Two  additional  votes  are  allotted  to  citizens  who  have  reached  the 
age  of  25  years  and  who  fulfill  the  following  conditions: 

a.  Holding  a  diploma  from  an  institution  of  higher  instruction, 
or  an  indorsed  certificate  showing  the  completion  of  a  course  of  sec- 
ondary education  of  the  higher  degree,  without  distinction  between 
public  or  private  institutions. 

h.  Filling  or  having  filled  a  public  office,  holding  or  having  held 
a  position,  practicing  or  having  practiced  a  private  profession  which 
presupposes  that  the  holder  possesses  at  least  the  knowledge  im- 
parted in  secondary  instruction  of  the  higher  degree.  These  offices, 
positions,  and  professions,  likewise  the  time  during  which  they  must 
have  been  held  or  practiced,  shall  be  determined  by  law. 

No  one  shall  have  more  than  three  votes. 

Art.  48.1  'pj^g  constitution  of  the  electoral  colleges  shall  be  regu- 
lated by  law  for  each  province. 

Voting  is  obligatory ;  it  shall  take  place  in  the  commune,  when  not 
otherwise  determined  by  law. 

Art.  49.  The  number  of  representatives  shall  be  determined  by 
law,  according  to  the  population;  this  number  shall  not  exceed  the 
proportion  of  one  representative  for  40,000  inhabitants.  The  qualifi- 
cations of  an  elector  and  the  process  of  election  shall  also  be  deter- 
mined by  law. 

Art.  50.  To  be  eligible  it  is  necessary : 

1.  To  be  a  Belgian  citizen  by  birth,  or  to  have  received  full 
naturalization. 

2.  To  enjoy  civil  and  political  rights. 

3.  To  have  reached  the  age  of  25  years. 

4.  To  be  a  resident  of  Belgium. 

No  other  condition  of  eligibility  shall  be  required. 

Art.  51.2  ^\^^  members  of  the  House  of  Representatives  shall  be 
elected  for  a  term  of  four  years;  one  half  being  elected  ever}^  two 
years,  in  the  order  determined  by  the  electoral  law. 

In  case  of  dissolution,  the  House  shall  be  entirely  renewed. 

Art.  52.  Each  member  of  the  House  of  Representatives  shall 
receive  an  annual  compensation  of  4,000  francs. 

He  shall  have,  in  addition,  the  right  of  free  transportation  upon  all 
State  and  concessionary  railways  from  the  place- of  his  residence  to 
I  the  city  where  the  session  is  held. 

1  As  amended  7  September  ISOn.  The  obligation  of  voting  is  sanctioned  by  Article  223 
of  the  Electoral  Code.  In  the  legislative  elections  of  1900,  the  proportion  of  absentees 
averaged  6  per  cent. 

-  As  amended  7  September  1893. 


50  CONSTITUTIONS   OF  THE  STATES  AT  WAE. 

SECTION   II. THE   SENATE. 

Art.  53.^  The  Senate  shall  be  composed : 

1.  Of  members  elected  according  to  the  population  of  each  prov- 
ince, conformably  to  Article  47 ;  though  the  law  may  require  that  the 
electors  shall  have  reached  the  age  of  30  years.  The  provisions  of 
Article  48  are  applicable  to  the  election  of  senators. 

2.  Of  members  elected  by  the  provincial  councils,  to  the  number 
of  two  for  each  province  having  less  than  500,000  inhabitants,  of 
three  for  each  province  having  from  500,000  to  1,000,000  inhabitants, 
and  of  four  for  each  province  having  more  than  1,000,000  in- 
habitants. 

Art.  54.2  'pj^^  number  of  senators  to  be  elected  directly  by  the 
voters  shall  be  equal  to  one  half  the  number  of  members  of  the  House 
of  Representatives. 

Art.  55.  Senators  shall  be  elected  for  a  term  of  eight  years;  one 
half  being  elected  every  four  years  in  the  order  determined  by  the 
electoral  law. 

In  case  of  dissolution,  the  Senate  shall  be  entirely  renewed. 

Art.  56.^  In  order  to  be  elected  and  to  remain  a  senator,  it  shall  be 
necessary : 

1.  To  be  a  Belgian  citizen  by  birth,  or  to  have  received  full  natu- 
ralization. 

2.  To  enjoy  civil  and  political  rights. 

3.  To  be  a  resident  of  Belgium. 

4.  To  be  at  least  40  years  of  age. 

5.  To  pay  into  the  treasury  of  the  State  at  least  1,200  francs  of 
direct  taxes,  including  licenses. 

Or  to  be  either  the  proprietor  or  the  usufructuary  of  real  estate 
situated  in  Belgium,  the  assessed  income  of  which  amounts  to  at 
least  12,000  francs. 

In  the  provinces  where  the  number  of  those  eligible  does  not  reach 
the  proportion  of  one  for  every  5,000  inhabitants,  the  list  shall  be 
completed  by  the  addition  of  as  many  of  the  highest  taxpayers  of 
the  province  as  may  be  necessary  to  make  this  proportion.  The  citi- 
zens on  this  supplementary  list  are  eligible  only  in  the  province  Avhere 
they  reside. 

Art.  56  lis^  The  senators  elected  by  the  provincial  councils  slial 
be  exempt  from  all  property  qualification ;  they  shall  not  be  members 

lAs  amended  7  September  1893.  The  election  of  senators  by  the  provincial  councils  Is 
an  innovation  of  the  reform  of  1893.  According  to  the  electoral  lists  for  1906-1907,  the 
number  of  senatorial  electors  was  1,356,542,  and  that  of  the  supplementary  votes  wag 
887.250, 

-  As  amended  7  September  1893.  The  Law  of  18  April  1902  raised  the  number  oi 
senators  directly  elected  by  the  electoral  body  to  83  and  of  those  elected  by  the  provincial 
councils  to  27. 

3  As  amended  7  September  1893. 

*  Added  7  September  1893. 


BELGIUM.  51 

of  the  assembly  which  elects  them,  nor  have  been  members  of  it 
during  the  year  of  the  election  nor  during  the  two  preceding  years. 

Art.  57.  Senators  shall  receive  neither  salary  nor  emolument. 

Art.  58.^  The  sons  of  the  King,  or  if  there  be  none,  the  Belgian 
princes  of  the  branch  of  the  royal  family  designated  to  succeed  to  the 
throne,  shall  be  by  right  senators  at  the  age  of  18  years.  They  shall 
have  no  deliberate  vote  until  the  age  of  25. 

Art.  59.  Every  meeting  of  the  Senate  which  may  be  held  at  any 
other  time  than  during  the  session  of  the  House  of  Representatives 
shall  be  null  and  void. 

/ 

CHAPTER  II. THE  KING  AND  THE  MINISTERS. 

SECTION   I. — THE  KING. 

Art.  60.2  'pj-^g  constitutional  powers  of  the  King  are  hereditary  in 
the  direct  descendants,  natural  and  legitimate,  of  His  Majesty  Leopold 
George  Christian  Frederick  of  Saxe-Coburg,  from  male  to  male,  in 
the  order  of  primogeniture,  and  to  the  perpetual  exclusion  of  females 
and  of  their  descendants. 

The  prince  who  shall  marry  without  the  consent  of  the  King,  or 
of  those  who  in  his  absence  exercise  his  authority  as  provided  by  the 
Constitution,  shall  forfeit  his  rights  to  the  crown. 

Nevertheless,'  with  the  consent  of  the  two  houses,  he  may  be  re- 
lieved of  this  forfeiture  by  the  King  or  by  those  who,  in  his  absence, 
exercise  his  authority  according  to  the  Constitution. 

Art.  61.^  In  default  of  male  descendants  of  His  Majesty  Leopold 
George  Christian  Frederick  of  Saxe-Coburg,  the  King  may  name  his 
successor,  with  the  consent  of  the  houses  expressed  in  the  manner 
prescribed  by  the  following  article. 

If  no  nomination  has  been  made  after  the  manner  described  below, 
the  throne  will  be  vacant. 

Art.  62.  The  King  shall  not  at  the  same  time  be  the  head  of  another 
State,  without  the  consent  of  the  two  houses.* 

Neither  of  the  houses  shall  deliberate  upon  this  matter  unless  two 
thirds,  at  least,  of  the  members  who  compose  it  are  present,  and  the 
resolution  must  be  adopted  by  at  least  two  thirds  of  the  votes  cast. 

Art.  63.  The  person  of  the  King  is  inviolable;  his  ministers  are 
responsible. 

Art.  64.  No  decree  of  the  King  shall  take  effect  unless  it  is  coun- 
tersigned by  a  minister,  who,  by  that  act  alone,  renders  himself 
responsible  for  it. 

1  As  amended  7  September,  1893. 

2  Paragraphs  2  and  3  were  added  7  September  1893. 

'  As  amended  7  September  1893.     Only  the  form  of  this  article  was  changed. 
*  King  I>eopold  II  was  authorized  by  the  House  of  Representatives  (28  April  1885)  and 
the  Senate  (30  April  1885)  to  be  the  sovereign  of  the  Congo  Free  State. 


52  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Art.  65.  The  King  appoints  and  dismisses  his  ministers. 

Art.  66.  He  confers  the  grades  in  the  army.^ 

He  appoints  the  officers  of  the  general  administration  and  for 
foreign  relations,  except  as  otherwise  established  by  law. 

He  appoints  other  governmental  officials  only  by  virtue  of  an  ex- 
press provision  of  law. 

Art.  67.  He  shall  issue  all  regulations  and  decrees  necessary  for 
the  execution  of  the  laws,  without  power  to  suspend  the  laws  them- 
selves, or  to  dispense  wdth  their  execution. 

Art.  68.  The  King  commands  the  forces  both  by  Jand  and  sea, 
declares  war,  makes  treaties  of  peace,  of  alliance  and  of  commerce. 
He  shall  give  information  to  the  two  houses  of  these  acts  as  soon  as 
the  interests  and  safety  of  the  State  permit,  adding  thereto  suitable 
comments. 

Treaties  of  commerce,  and  treaties  which  may  burden  the  State, 
or  bind  Belgians  individually,  shall  take  effect  only  after  having 
received  the  approval  of  the  two  houses. 

No  cession,  exchange,  or  addition  of  territory  shall  take  place 
except  by  virtue  of  a  law.  In  no  case  shall  the  secret  articles  of  a 
treaty  be  destructive  of  those  openly  expressed. 

Art.  69.  The  King  approves  and  promulgates  the  laws.- 

Art.  70.  The  houses  shall  assemble  each  yeai*,  the  second  Tuesday 
in  November,  unless  they  shall  have  been  previously  summoned  by 
the  King. 

The  houses  shall  remain  in  session  at  least  40  days  each  year. 

The  King  pronounces  the  closing  of  the  session. 

The  King  shall  have  the  right  to  convene  the  houses  in  extraordi- 
nary session. 

Art.  71.  The  King  shall  have  the  right  to  dissolve  the  houses 
either  simultaneously  or  separately.  The  act  of  dissolution  shall 
order  a  new  election  within  40  days,  and  summon  the  houses  within 
two  months. 

Art.  72.  The  King  may  adjourn  the  houses.  In  no  case  shall 
the  adjournment  exceed  the  term  of  one  month,  nor  shall  it  be  re- 
newed in  the  same  session,  without  the  consent  of  the  houses. 

Art.  73.  He  shall  have  the  right  to  remit  or  reduce  the  penalties 
pronounced  by  the  judges  of  courts,  except  such  as  are  fixed  by  law 
vin  the  case  of  ministers. 

Art.  74.  He  shall  have  the  right  to  coin  money,  in  accordance  with 
the  law. 

Art.  75.  He  shall  have  the  right  to  confer  titles  of  nobility,  but 
without  the  power  of  attaching  to  them  any  privilege. 

1  The  rules  for  military  advancement  are  contained  in  the  Laws  of  16  June  1836.  See 
below,  Article  124. 

2  Law  of  18  April  1898. 


BELGIUM.  53 

Art.  76.  He  may  confer  military  orders  in  accordance  with  the 
provisions  of  the  law. 

Art.  77.  The  civil  list  shall  be  fixed  by  law  for  the  duration  of 
each  reign. ^ 

Art.  78.  The  King  shall  have  no  other  powers  than  those  which 
the  Constitution  and  the  special  laws,  enacted  under  the  Constitution, 
formally  confer  upon  him. 

Art.  79.  At  the  death  of  the  King  the  houses  shall  assemble  with- 
out a  summons,  at  the  latest  on  the  tenth  day  after  his  decease.  If 
the  houses  shall  have  been  previously  dissolved,  and  if  in  the  act  of 
dissolution  the  reassembling  had  been  fixed  for  a  day  later  than  the 
tenth  day,  the  former  members  shall  resume  their  duties  until  the 
assembling  of  those  who  should  replace  them.  , 

If  only  one  house  shall  have  been  dissolved,  the  same  rule  shall 
be  followed  with  regard  to  that  house. 

From  the  date  of  the  death  of  the  King  and  until  the  takin,g  of 
the  oath  by  his  successor  to  the  throne,  or  by  the  agent,  the  consti- 
tutional powers  of  the  King  shall  be  exercised,  in  the  name  of  the 
Belgian  people,  by  the  ministers  united  in  council,  and  upon  their 
responsibility. 

Art.  80.  The  King  is  of  age  when  he  shall  have  completed  the  age 
of  18  years. 

He  shall  not  take  possession  of  the  throne  until  he  shall  have  sol- 
emnly taken,  before  the  united  houses,  the  following  oath : 

I  swear  to  observe  the  Constitution  and  the  laws  of  the  Belgian  people,  to 
maintain  the  national  independence  and  the  integrity  of  the  territory. 

Art.  81.  If,  at  the  death  of  the  King,  his  successor  is  a  minor,  the 
two  houses  shall  unite  in  one  assembly,  for  the  purpose  of  providing 
for  the  regency  and  guardianship. 

Art.  82.  If  the  King  becomes  incapacitated  to  reign,  the  ministers, 
after  having  ascertained  this  incapacity,  shall  immediately  convene 
the  houses.  The  houses  shall  provide  for  the  regency  and  guardian- 
ship. 

Art.  83.  The  regency  shall  be  conferred  upon  only  one  person. 

The  regent  shall  enter  upon  his  duties  only  after  having  taken  the 
oath  prescribed  by  Article  80. 

Art.  84.  No  change  in  the  Constitution  shall  be  made  during  a 
regency. 

Art.  85.  In  case  there  is  a  vacancy  of  the  throne,  the  houses  delib- 
erating together  shall  arrange  provisionally  for  the  regency,  until 
the  first  meeting  of  the  houses  after  they  have  been  wholly  renewed. 

1  The  civil  list  of  the  present  King,  Albert,  was  fixed  by  law  of  30  December  1909  at 
3,300,000  francs. 


54  CONSTITUTIONS   OF  THE   STATES  AT   WAR. 

That  meeting  shall  take  place  at  the  latest  within  two  months.  The 
new  houses  deliberating  together  shall  provide  definitely  for  the 
vacancy. 

SECTION    II. — THE   MINISTERS. 

Art.  86.  No  person  shall  be  a  minister  unless  he  is  a  Belgian  by 
birth,  or  has  received  full  naturalization. 

Art.  87.  No  member  of  the  royal  family  shall  be  a  minister. 

Art.  88.  Ministers  shall  have  no  deliberative  vote  in  either  house 
unless  they  are  members  of  it. 

They  shall  have  admission  to  either  house,  and  are  entitled  to  be 
heard  when  they  so  request. 

The  houses  shall  have  the  right  to  demand  the  presence  of 
ministers. 

Art.  89.  In  no  case  shall  the  verbal  or  written  order  of  the  King 
relieve  a  minister  of  responsibility. 

Art.  90.  The  House  of  Representatives  shall  have  the  right  to  ac- 
cuse ministers  and  to  arraign  them  before  the  Court  of  Cassation, 
which,  sitting  in  full  bench,  alone  shall  have  the  right  to  judge  them, 
except  in  such  matters  as  shall  be  established  by  law  respecting  a  civil 
suit  by  an  aggrieved  party  and  respecting  crimes  and  misdemeanors 
committed  by  ministers  when  not  in  the  performance  of  their  official 
duties. 

The  law  shall  determine  the  responsibility  of  ministers,  the  pen- 
alties to  be  imposed  upon  them,  and  the  method  of  proceeding  against 
them,  whether  upon  accusation  made  by  the  House  of  Representatives 
or  upon  prosecution  by  the  aggrieved  parties.^ 

Art.  91.  The  King  shall  not  have  power  to  grant  pardon  to  a  min- 
ister sentenced  by  the  Court  of  Cassation  except  upon  request  of  one 
of  the  two  houses. 

CHAPTER  III. THE  JUDICIAL  POWER. 

Art.  92.  Actions  which  involve  questions  of  civil  right  belong  ex- 
clusively to  the  jurisdiction  of  the  courts. 

Art.  93.  Actions  which  involve  questions  of  political  rights  belong 
to  the  jurisdiction  of  the  courts,  except  as  otherwise  determined  by 
law. 

Art.  94.  No  tribunal  nor  contentious  jurisdiction  shall  be  estab- 
lished except  by  virtue  of  a  law.^  No  commissions  or  extraordinary 
tribunals  under  any  title  whatever  shall  be  established. 

Art.  95.  There  shall  be  a  Court  of  Cassation  for  the  whole  of  Bel- 
gium.^ 

1  See  below,  Article  134. 

2  Law  of  18  June  1869  on  the  organization  of  the  judiciary,  amended  1  April  1879. 

8  The  composition  of  the  Court  of  Cassation  is  governed  by  the  Law  of  18  June  1869. 
Its  principal  attributions  are  fixed  by  the  Laws  of  7  July  1863  and  25  March  1876. 


BELGIUM.  55 

This  court  shall  not  consider  questions  of  fact  except  in  the  trial 
of  ministers. 

Art.  96.  The  sessions  of  the  courts  shall  be  public,  unless  this  pub- 
licity is  declared  by  a  judgment  of  the  court  to  be  dangerous  to 
public  order  or  morals. 

In  cases  of  political  offenses  and  offenses  of  the  press  closed  doors 
shall  be  enforced  only  by  a  unanimous  vote  of  the  court. 

Art.  97.  Every  judgment  shall  be  pronounced  in  open  court,  and 
the  reasons  therefor  stated. 

Art.  98.  The  right  of  trial  by  jury  shall  be  established  in  all 
criminal  cases  and  for  all  political  offenses  and  offenses  of  the  press. 

Art.  99.  The  justices  of  the  peace  and  the  judges  of  courts  shall  be 
appointed  directly  by  the  King. 

The  members  of  the  courts  of  appeal  and  the  presidents  and  vice 
presidents  of  the  courts  of  original  jurisdiction  shall  be  appointed 
by  the  King  from  two  double  lists,  presented  the  one  by  these  courts 
and  the  other  by  the  provincial  councils. 

The  members  of  the  Court  of  Cassation  shall  be  appointed  by  the 
King  from  two  double  lists  presented  one  by  the  Senate  and  one  by 
the  Court  of  Cassation. 

In  both  cases  the  candidates  named  upon  one  list  may  be  named 
also  upon  the  other. 

All  the  names  shall  be  published  at  least  15  days  berore  the  ap- 
pointment. 

The  courts  shall  choose  their  presidents  and  vice  presidents  from 
among  their  own  number. 

Art.  100.  Judges  shall  be  appointed  for  life. 

No  judge  shall  be  deprived  of  his  office  or  suspended  until  after 
trial  and  judgment. 

The  removal  of  a  judge  from  one  place  to  another  shall  take  place 
only  by  means  of  a  new  appointment  and  with  his  consent. 

Art.  101.  The  King  appoints  and  removes  the  State  officials  serv- 
ing in  the  courts  and  tribunals. 

Art.  102.  The  salaries  of  the  members  of  the  judiciary  shall  be 
fixed  by  law. 

Art.  103.  No  judge  shall  accept  from  the  government  any  salaried 
)ffice,  unless  he  perform  the  duties  thereof  gratuitously,  and  not  then 
if  it  is  contrary  to  the  law  of  incompatibility.^ 

Art.  104.  There  shall  be  three  courts  of  appeal  in  Belgium. 

Their  jurisdiction  and  the  places  where  they  shall  be  held  shall  be 
letermined  by  law. 

Art.  105.  Special  laws  shall  govern  the  organization  of  military 
ribunals,  their  powers,  the  rights  and  obligations  of  the  members 
of  these  tribunals  and  the  duration  of  their  functions.^ 

1  Laws  of  26  May  1848  and  18  June  1869.     » Law  of  15  June  1909. 


56  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

There  shall  be  commercial  courts  in  places  which  shall  be  desig- 
nated by  law.  Their  organization,  powers,  the  method  of  appoint- 
ment of  their  members,  and  the  duration  of  their  term  of  office  shall 
also  be  determined  by  law. 

Art.  106.  The  Court  of  Cassation  shall  decide  conflicts  of  juris- 
diction, according  to  the  method  prescribed  by  laAV. 

Art.  107.  The  courts  and  tribunals  shall  enforce  executive  decrees 
and  ordinances,  whether  general,  provincial,  or  local,  only  so  far  as 
they  shall  conform  to  the  laws. 

CHAPTER   IV. — PROVINCIAL   AND   COMMUNAL    INSTITUTIONS. 

Art.  108.  Provincial  and  communal  institutions  shall  be  regulated 
by  law. 

The  law  shall  establish  the  application  of  the  following  principles : 

1.  Direct  election,  except  in  the  cases  which  may  be  established 
by  law  with  regard  to  the  chiefs  of  the  communal  administration  and 
government  commissioners  acting  in  the  provincial  councils. 

2.  The  relegation  to  provincial  and  communal  councils  of  all 
provincial  and  communal  affairs,  without  prejudice  to  the  approval 
of  their  acts  in  the  cases  and  according  to  the  procedure  determined 
by  law. 

\  3.  The  publicity  of  the  sittings  of  the  provincial  and  communal 
counx^ils  within  the  limits  established  by  law. 
4>  The  publicity  of  budgets  and  of  accounts. 
5.  The  intervention  of  the  King  or  of  the  legisaltive  power  to 
prevent  provincial   and   communal   councils   from   exceeding  their 
powers  and  from  acting  against  the  general  welfare. 

Art.  109.  The  keeping  of  the  civil  register  is  exclusively  the  duty 
of  the  communal  authorities. 

Title  IV. — Finances. 

Art.  110.  Xo  tax  for  the  benefit  of  the  State  shall  be  imposed  ex- 
cept by  law. 

No  provincial  charge  or  tax  shall  be  imposed  without  the  consent 
of  the  provincial  council. 

No  communal  charge  or  tax  shall  be  imposed  w^ithout  the  consent 
of  the  communal  council...'. 

The  laAv  shall  determine  the  exceptions  which  experience  shall 
show  to  be  necessary  in  regard  to  provincial  and  communal  taxes. 

Art.  111.  Taxes  for  the  benefit  of  the  State  shall  be  voted  an- 
nually. 

The  laws  which  impose  such  taxes  shall  remain  in  force  for  onci 
year  only  unless  they  are  reenacted. 


BELGIUM.  57 

Akt.  112.  Xo  privilege  shall  be  establiphed  with  regard  to  taxes. 

No  exemption  or  abatement  of  taxes  dial!  be  cstablifrhed  except 
by  law. 

AiJT.  113.  Beyond  the  cases  expressly  excepted  by  law,  no  pay 
ment  shall  be  exacted  of  any  citizen  other  than  taxes  levied  for  the 
benefit  of  the  State,  of  the  province,  or  of  the  commune.    No  change 
shall  be  made  in  the  existing  system  of  polders  ^  and  loateringen  ^ 
which  remain  subject  to  ordinary  legislation. 

Art.  114.  No  pension  or  gratuity  shall  be  paid  out  of  the  public 
treasury  without  the  authority  of  law. 

Art.  115.  Each  year  the  houses  shall  enact  the  law  of  accounts 
and  vote  the  budget. 

All  the  receipts  and  expenditures  of  the  State  shall  be  contained  in 
the  budget  and  in  the  accounts. 

Art.  116.  The  members  of  the  Court  of  Accounts  shall  be  ap- 
pointed by  the  House  of  Representatives,  and  for  a  term  fixed  by  law. 

This  court  shall  be  entrusted  with  the  examination  and  settlem3nt 
of  the  accounts  of  the  general  administration  and  of  all  persons  ac- 
countable to  the  public  treasury.  It  shall  see  that  no  item  of  the  ex- 
penditures of  the  budget  is  overdrawn  and  that  no  transfer  takes 
place.  It  shall  audit  the  accounts  of  the  different  administrative, 
organs  of  the  State,  and  shall  gather  for  this  purpose  all  information 
and  all  necessary  vouchers.  The  general  accounts  of  the  State  shall 
be  submitted  to  the  House  with  the  comments  of  the  Court  of  Ac- 
counts. 

This  court  shall  be  organized  by  a  law.^ 

Art.  117.  The  salaries  and  pensions  of  the  ministers  of  religion 
shall  be  paid  by  the  State ;  the  sums  necessary  to  meet  this  expendi- 
ture shall  be  entered  annually  in  the  budget.* 

Title  V. — The  Public  Force. 

Art.  118.  The  method  of  recruiting  the  army  shall  be  determined 
by  law.  The  laws  shall  also  regulate  the  promotion,  the  rights  and 
the  duties  of  soldiers.^ 


^  Polders  are  lands  reclaimed  from  the  sea  by  dikes.  The  owners  of  these  lands  are 
grouped  into  associations  for  the  maintenance  of  the  dikes  and  are  required  by  law  to 
bear  the  expense  of  such  maintenance. 

^  Waterinson  are  associations  formed  for  the  purpose  of  Irrigating  and  draining  lands 
reclaimed  from  the  sea.  They  have  power  to  raise  funds  by  taxing  the  lands  affected 
by  such  improvements. 

3  Law  of  29  October   1846. 

♦This  clause  is  interpreted  to  apply  only  to  the  denominations  rccognir-cd  by  lav/  In 
Belgium  In  1830  ;  these  are  the  Catholic,  Protestant  Evangelical,  Anglican  and  Jewish  ; 
almost  the  whole  of  the  Belgian  population  is  Catholic.  No  minister  is  entitled  to  a 
salary  (1)  If  he  must  receive  license  from  a  person  practicing  a  profession  without  legal 
authorization,  (2)  If,  being  a  foreigner,  he  performs  the  ministerial  functions  without  the 
permission  of  the  government. 

^  The  organization  of  the  Belgian  army  is  governed  by  the  Laws  of  5  April   1868.  .^ 
June  1870,  16  August  1873  and  21  March  1902. 
fieQ«i  — 1  n .f; 


58  coxstitutiojSts  of  the  states  at  wah. 

Art.  119.  The  army  contingent  shall  be  voted  annually.  The 
law  which  fixes  it  shall  remain  in  force  for  one  year  only,  unless  re- 
enacted. 

Art.  120.  The  organization  and  the  attributions  of  the  armed  police 
shall  be  regulated  by  a  law.^ 

Art.  121.  No  foreign  troops  shall  be  admitted  into  the  service  of 
the  State,  to  occupy  or  to  cross  its  territory  except  by  virtue  of  a  law. 

Art.  122.  There  shall  be  a  citizen  militia,  the  organization  of 
which  shall  be  regulated  by  law.- 

The  officers  of  all  grades,  at  least  as  high  as  that  of  captain,  shall 
be  chosen  by  the  militia,  with  such  exceptions  as  nia}^  be  judged 
necessary  for  accountants. 

Art.  123.  The  militia  shall  not  be  brought  into  active  service  ex 
cept  by  virtue  of  a  hiw. 

Art.  124.  Soldiers  shall  not  be  deprived  of  their  grades,  honors,  or 
pe::sions  except  in  the  manner  prescribed  by  law.^ 

Title  VI. — General  Provisions. 

Art.  125.  The  Belgian  nation  adopts  for  its  colors,  red,  yellow 
and  black,  and  for  the  coat  of  arms  of  the  Kingdom,  the  Belgian 
lion,  with  the  motto,  "  Union  Gives  Strength." 

Art.  126.  The  city  of  Brussels  is  the  capital  of  Belgium  and  th^ 
seat  of  government. 

Art.  127.  No  oath  shall  be  imposed  except  by  virtue  of  law.  Th^ 
form  of  the  oath  shall  also  be  determined  by  law. 

Art.  128.  Every  foreigner  within  the  territory  of  Belgium  shal 
enjoy  protection  of  his  person  and  property,  except  as  otherwi^ 
established  by  law. 

Art.  129.  No  law,  ordinance,  or  regulation  of  the  general,  pn 
vincial,  or  communal  government  shall  be  obligatory  until  aft( 
having  been  published  in  the  manner  jirescribed  by  law.* 

Art.  130.  The  Constitution  shall  not  be  suspended,  either  in  who] 
or  in  part. 

Title  VII. — The  Revision  of  the  Constitution. 

Art.  131.  The  legislative  power  has  the  right  to  declare  that  a  r 
vision  of  such  constitutional  provisions  as  it  shall  designate  is  il 
order. 

After  this  declaration,  the  two  houses  are  ipso  facto  dissolved. 

1  This  law  does  not  exist ;  the  old  regulations  are  still  in  force. 

2  Law  of  9  September  1897. 

3  Three  Laws  of  16  June  1836. 
*  See  Article  69. 


BELGIUM.  59 

Two  new  houses  shall  then  be  summoned,  in  conformity  with 
Article  71. 

These  houses,  with  the  approval  of  the  King,  shall  then  act  upon 
the  points  submitted  for  revision. 

In  this  case  the  houses  shall  not  deliberate  unless  at  least  two 
thirds  of  the  members  of  each  are  present,  and  no  amendment  shall 
be  adopted  unless  it  is  supported  by  at  least  two  thirds  of  the  votes. 

Title  VIII. — Temporary  Provisions. 

Art.  132.  For  the  first  choice  of  a  head  of  the  State  the  first  pro- 
vision of  Article  80  may  be  neglected. 

Art.  133.  Foreigners  established  in  Belgium  before  1  January 
1814,  and  who  continue  to  reside  therein,  shall  be  considered  Belgians 
by  birth,  upon  condition  that  they  declare  their  intention  to  take 
advantage  of  this  provision. 

Such  declaration  shall  be  made  within  six  months  after  this  Con- 
stitution goes  into  effect,  if  the  foreigners  are  of  age,  and  if  they  are 
minors,  within  the  year  after  attaining  their  majority. 

This  declaration  shall  be  made  before  the  provincial  authority  of 
the  province  where  they  reside. 

It  shall  be  made  in  person  or  by  an  agent  having  a  special  and 
authentic  authorization. 

Art.  134.  Until  further  provision  by  law,  the  House  of  Repre- 
sentatives shall  have  discretionary  power  to  accuse  a  minister,  and 
the  Court  of  Cassation  to  try  him,  find  the  offense  and  fix  the 
penalty. 

Nevertheless  the  penalty  shall  not  extend  farther  than  removal 
from  office,  without  prejudice  to  the  cases  expressly  provided  for  by 
the  penal  laws.^ 

Art.  135.  The  personnel  of  the  courts  shall  be  maintained  as  it 
now  exists,  until  further  provision  has  been  made  by  law. 

Such  a  law  shall  be  enacted  during  the  first  legislative  session. 

Art.  136.  A  law,  passed  during  the  first  legislative  session,  shall 
[provide  for  the  manner  of  the  first  nomination  of  members  of  the 
Court  of  Cassation.- 

Art.  137.  The  fundamental  law  of  24  August  1815  and  the  pro- 
nncial  and  local  statutes  are  abolished.  However,  the  provincial 
md  local  authorities  shall  retain  their  powers  until  a  law  shall  make 
)ther  provision. 

Art.  138.  As  soon  as  this  Constitution  goes  into  effect,  all  laws, 
iecrees,  orders,  regulations  and  other  instruments  contrary  thereto 
ire  abrogated. 


It 


*Thi8  transitory  legislation  is  still  in  force,  no  organic  law  having  determined  the  cases 
»f  ministerial  responsibility. 
'Article  99  provides  for  subsequent  appointments. 


60  CONSTITUTIONS   OF   THE   STATES  AT  WAK. 

Supplementary  Provisiox. 

Art.  139.  The  National  Congress  declares  that  it  is  necessary  to 
provide  for  the  following  objects,  by  separate  laws  and  as  soon  as 
possible : 

1.  The  press.^ 

2.  The  organization  of  the  jury.- 

3.  The  finances.^ 

4.  Provincial  and  communal  organization.* 

5.  The  responsibility  of  ministers  ^^  and  of  other  officers. 

6.  The  judicial  organization.-' 

7.  The  revision  of  the  pension  list. 

8.  Measures  proper  to  prevent  the  abuse  of  cumulative  office- 
holding. 

9.  The  revision  of  the  laws  of  bankruptcy  and  of  suspension. 

10.  The  organization  of  the  army,  the  rights  of  adyancemeni 
and  of  retirement  and  the  military  penal  code."^ 

11.  The  revision  of  the  codes.^ 

'  Decree  of  20  July  1831,  amended  by  the  Penal  Code  in  many  of  its  provisions. 

'■^  Sec  above,  Article  94, 

3  Law  of  15  May  1846  on  the  compatibility  of  the  State. 

*See  above.  Article  108. 

s  See  above,  Article  134. 

"  See  above.  Article  94. 

'Military  Penal  Code  of  27  May  1870.     See  above,  Article  118. 

^  Penal  Code  of  8  June  1867.  Code  of  French  Commerce  has  been  revised  entirely 
successive  laws,  the  last  of  which  bears  the  date  of  25  August  1891.  Title  I  of  the  prelin 
inary  book  of  the  new  Code  of  Civil  Procedure  was  promulgated  on  25  March  1876.  Tti 
Law  of  17  April  1878  contains  the  preliminary  title  of  the  new  Code  of  Penal  Procedur( 
Rural  Code  of  7  October  1886. 


i 


BRAZIL. 

Until  1815  Brazil  was  a  Portuguese  colony.  The  invasion  of  Portu- 
gal by  Napoleon  in  1807  forced  the  royal  family  to  seek  refuge  in 
Brazil,  which  continued  for  several  years  to  be  the  seat  of  government 
of  the  Kingdom.  By  decree  of  16  December  1815,  Brazil  ceased  to  be 
a  colony  and  became  an  integral  part  of  the  "  Kingdom  of  Portugal, 
Brazil  and  Algarves."  The  revolution  which  broke  out  in  Portugal 
in  1821  forced  King  John  YI  to  return  to  Lisbon,  leaving  his  son, 
Dom  Pedro,  as  regent.  The  sentiment  in  favor  of  separation  had  been 
growing  for  some  time,  and  when  orders  were  sent  to  Dom  Pedro  to 
return  to  Portugal  he  declared  his  intention  of  remaining  in  Brazil. 
Brazilian  independence  was  declared,  Dom  Pedro  became  Emperor  on 
12  October  1822  and  an  imperial  Constitution  was  promulgated  on 
25  March  1824.^  Portugal  recognized  the  independence  of  Brazil 
in  1825. 

The  movement  for  the  establishment  of  a  republic  began  to  gain 
strength  after  1870,  but  was  held  in  check  by  the  popularity  of  Dom 
Pedro  II.  In  1889,  however,  the  republicans  felt  strong  enough  for 
action.  On  15  November  of  that  year  a  bloodless  revolution  occurred, 
the  Republic  of  the  United  States  of  Brazil  was  proclaimed,  and  the 
imperial  family  was  sent  to  Portugal.  The  revolution  was  essentially 
a  military  movement  and  for  several  years  Brazil  remained  under  the 
control  of  a  military  party.  A  republican  Constitution  was  adopted 
on  24  February  1891,  which  established  a  federal  government  and 
erected  the  former  Provinces  into  States.  This  Constitution  is  still 
in  force  and  has  never  been  amended.^ 


CONSTITUTION  OF  24  FEBRUARY  1891.^ 
[Preamble.] 

We,  the  representatives  of  the  Brazilian  people,  assembled  in  con- 
stitutional convention  for  the  purpose  of  organizing  a  free  and  demo- 

*  English  translation  by  J.  C.  Branner  in  Foreign  Constitutions  [The  Convention  Man- 
ual of  the  Si^th  Islew  York  State  Constitutional  Convention,  189Ji,  part  2,  vol.  3]  (Albany, 
1894),  pp.  72-105. 

2  Theso  introductory  paragraphs  are  based  upon  W.  F.  Dodd,  Modern  Constitutions 
(Chicago,,  1909),  vol.  I,  p  149,  and  F.  R.  Dareste  et  P.  Dareste,  Les  Constitutions 
modcrncs   (Hd  edition,  Paris.   1910),  vol.  I,  pp.  624-026. 

3  Official  Portuguese  text  pulMished  in  the  Diario  Official  of  25  February  1891.  Portu- 
guese text  and  English  translation  in  parallel  columns,  followed  by  a  Spanish  translation 
in  J.  I.  RoDRKJiEz.  Amrrican  Constitutions,  vol.  1  (Washington,  1906),  pp.  134-190. 
French  translation  in  Dareste,  op.  oit.,  pp.  626-655.  German  translation  in  Paul 
Po.sENER,  Die  Htaatsi-erfdHsungcn  des  Erdhalls  (Charlottenburg,  1909),  pp.  1022-1045. 
English  translation  in  Dodd,  op.  cit.,  pp.  150-181  ;  British  and  Foreign  State  Papers, 
83:  pp.  487-510;  and  Foreign  Constitutions  (see  al)ove,  note  1),  pp.  113-138.  The 
translation  given  here  is  based  on. the  one  in  Rodriguez. 

61 


62  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

cratic  government,  do  hereby  establish,  decree  and  promulgate  the 
following  Constitution  'for  the  Republic  of  the  United  States  of 
Brazil. 

Title  I. — The  Federal  Organization. 

PRELIMINARY  PROVISIONS. 

Article  1.  The  Brazilian  nation  adopts  for  its  government  the 
federal  republican  representative  form,  as  proclaimed  on  15  Novem- 
ber 1889,  and  constitutes  itself,  by  the  perpetual  and  indissoluble 
union  of  its  former  provinces,  into  the  United  States  of  Brazil. 

Art.  2.  Each  of  the  former  provinces  shall  constitute  a  State,^  and 
the  former  neutral  municipal  district  shall  form  the  Federal  District,^ 
and  shall  continue  to  be  the  capital  of  the  Union  until  the  provisions 
of  the  following  article  shall  be  put  into  effect. 

Art.  3.  A  zone  of  fourteen  thousand  four  hundred  square  kilo- 
meters, situated  in  the  central  plateau  of  the  Republic,  which  shall 
be  hereafter  marked  off,  shall  be  set  apart,  as  property  of  the  Union, 
and  on  this  site  the  future  federal  capital  shall  be  established. 

Sole  §.  When  the  transfer  of  the  capital  has  been  effected,  the 
present  Federal  District  shall  constitute  a  State. 

Art.  4.  The  States  may  become  incorporated  one  with  another, 
may  subdivide  or  dismember  themselves  to  annex  themselves  to  others 
or  to  form  new  States,  if  the  respective  legislative  assemblies  consent 
thereto  in  two  successive  annual  sessions,  and  if  the  National  Con- 
gress gives  its  approval. 

Art.  5.  Each  State  shall,  at  its  own  expense,  provide  for  the  needs 
of  its  own  government  and  administration ;  the  Union,  however,  shall 
lend  aid  to  a  State  which  asks  for  assistance  in  case  of  public  calamity. 

Art.  6.  The  federal  government  shall  not  interfere  in  matters  per- 
taining peculiarly  to  the  States,  save : 

1.  To  repel  foreign  invasion,  or  the  invasion  of  one  State  by 
another. 

2.  To  maintain  the  federal  republican  form  of  government. 

3.  To  reestablish  order  and  tranquillity  in  the  States,  upon  the 
requisition  of  their  respective  governments. 

4.  To  secure  the  execution  of  the  federal  laws  and  judgments. 
Art.  7.  It  is  the  exclusive  prerogative  of  the  Union  to  decree : 

1  See  the  list  of  twenty  States   (not  including  the  Federal  District),  p.  66, 
Article  28,  Section  1. 

-  Tlie  District  here  referred  to,  embracing  540  square  miles  on  the  southeastern  coast, 
is  still  the  capital  of  the  Union. 


BRAZIL.  63 

1.  Duties  on  imports  from  foreign  conntries. 

"2.  Entry,  clearance,  and  port  dues  of  vessels;  but  the  coastwise 
trade  shall  be  free  to  domestic  and  foreign  merchandise  which  has 
already  paid  an  import  duty. 

'1  Stamp  duties,  save  the  restriction  mentioned  in  Article  9,  §  1, 
no.  1. 

4.  Federal  postal  and  telegraph  taxes. 
v^  1.  The  Union  shall  also  have  ex:clusive  power: 
1.  To  establish  banks  of  issue. 
•2.  To  create  and  maintain  custom-houses. 
?^  2.  Taxes  levied  by  the  Union  shall  be  uniform  for  all  the  States. 
sj  3.  The  laws  of  the  Union  and  the  acts  and  decrees  of  its  authori- 
ties shall  be  executed  throughout  the  whole  country  by  federal  offi- 
cials; but  the  execution  of  the  federal  laws  may  be  entrusted  to  the 
governments  of  the  States,  if  they  consent  thereto. 

Art.  8.  The  federal  government  is  forbidden  to  make  distinctions 
and  preferences  in  any  way  whatever  in  favor  of  the  ports  of  one 
State  as  against  those  of  another. 

Art.  9.  The  States  shall  have  exclusive  power  to  decree  taxes: 

1.  On  the  exportation  of  merchandise  produced  in  their  own 
territory. 

2.  On  rural  and  city  real  estate. 
^3.  On  the  transfer  of  property. 
4.  On  industries  and  professions. 

,^  1.  The  States  shall  also  have  the  exclusive  right  to  decree: 

1.  Stamp  taxes  affecting  acts  emanating  from  their  respective 
governments  and  concerning  their  internal  affairs. 

2.  Contributions  relating  to  their  postal  and  telegraph  service. 

§  2,  The  products  of  one  State  are  exempted  from  imposts  in  any 
other  State  from  which  they  may  be  exported. 

§  3.  A  State  is  permitted  to  levy  duties  on  imports  of  foreign 
goods  only  when  such  goods  are  intended  for  consumption  within 
its  own  territory,  the  proceeds  of  the  duty  reverting,  however,  to  the 
I  federal  treasury. 

§  4.  The  States  have  the  right  to  establish  telegraph  lines  between 
different  points  of  their  own  territories,  and  between  these  points  and 
those  of  other  States  which  are  not  provided  with  a  federal  telegraph 
service,  the  Union  reserving  the  right  to  acquire  such  lines  when  the 
general  interest  may  require  it. 

Art.  10.  It  is  prohibited  to  the  States  to  levy  taxes  on  federal, 
property  or  revenue,  or  on  services  in  charge  of  the  Union,  and  vice 
versa. 


64  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

Art.  11.  It  is  forbidden  to  the  States,  as  well  as  to  the  Union : 

1.  To  impose  duties  on  the  products  of  a  State,  or  of  a  foreign 
country,  when  in  transit  through  the  territory  of  another  State,  or 
going  from  one  State  to  another,  or  on  the  vehicles,  whether  by  land 
or  water,  by  which  they  are  transported. 

2.  To  establish,  subsidize  or  interfere  with  the  exercise  of  relig- 
ious worship. 

3.  To  enact  retroactive  laws. 

Art.  12.  In  addition  to  the  sources  of  revenue  set  forth  in  Articles 
7  and  9,  it  shall  be  lawful  for  the  Union,  as  well  as  for  the  States, 
cumulatively  or  otherwise,  to  create  any  others  whatsoever,  provided 
that  they  are  not  in  contravention  of  the  terms  of  Articles  7,  9  and 
11.  No.  1. 

Art.  13.  The  right  of  the  Union  and  of  tht  States  to  legislate  in 
regard  to  railways  and  navigation  of  internal  waters  shall  be  regu- 
lated by  a  federal  law.^ 

Sole  §.  Coastwise  navigation  shall  be  carried  on  by  national 
vessels. 

Art.  14.  The  land  and  naval  forces  are  permanent  national  insti^ 
tutions,  intended  for  the  defense  of  the  country  from  foreign  attac] 
and  for  the  maintenance  of  the  laws  of  the  land. 

Within  the  limits  of  the  law,  the  armed  forces  are  from  their  na| 
ture  bound  to  obey  their  superiors  in  rank,  and  to  support  the  coi 
stitutional  institutions. 

Art.  15.  The  legislative,  executive  and  judicial  powers  are  organ 
of  the  national  sovereignty,  harmonious  with  each  other,  and  ind( 
pendent  among  themselves. 

SECTION    I. THE    LEGISLATIVE    POWER.' 

CHAPTER  I. GENERAL  PROVISIONS. 

Art.  16.  The  legislative  power  shall  be  exercised  by  the  Nation! 
Congress,  subject  to  the  approval  of  the  President  of  the  Republic 

§  1.  The  National  Congress  shall  be  composed  of  two  branches 
the  Chamber  of  Deputies  and  the  Senate. 

§  2.  The  elections  for  senators  and  for  deputies  shall  be  heh 
simultaneously  throughout  the  country. 

§  3.  No  person  shall  be  senator  and  deputy  at  the  same  time. 

Art.  17.  The  Congress  shall,  without  being  convoked,  assemble  ii 
the  federal  capital  on  the  third  day  of  May  of  each  year,  unless  ai 
other  day  is  designated  by  law,  and  shall  continue  in  session  foi 
months  from  the  date  of  the  opening,  and  may  be  prorogued,  ad«j| 
journed,  or  convoked  in  extraordinary  session. 

^Law   of   14   October   1892    (No.    109). 


BRAZIL.  C5 

1.  The  Congress  alone  shall  have  the  right  to  prorogue  and  ad- 
irn  its  sessions. 

2.  Each  legislature  shall  last  three  years. 

3.  When  a  vacancy  occurs  in  the  Congress  on  account  of  resigna- 
or  for  any  other  reason,  the  respective  State  shall  order  imme- 

fiately  the  election  of  a  new  member. 

Art.  18.  The  Chamber  of  Deputies  and  the  Senate  shall  meet  sepa- 
rately and,  unless  otherwise  determined  by  a  majority  vote,  their 
sessions  shall  be  public.  A  majority  of  votes  shall  be  required  to 
pass  any  measure  in  either  house,  provided  there  is  present  an  abso- 
lute majority  of  the  total  number  of  its  members. 

Sole  §.  Each  house  shall  have  power : 
To  verify  and  accept  the  powers  of  its  members. 
To  choose  its  officers. 
To  make  the  rules  of  its  proceedings. 
To  provide  for  its  own  police  service. 
To  appoint  its  clerks. 

Art.  19.  Deputies  and  senators  can  not  be  held  to  account  for  their 
opinions,  expressions  or  Azotes  in  the  discharge  of  their  mandate. 

Art.  20.  Deputies  and  senators,  from  the  time  they  have  received 
their  credentials  until  the  new  election,  shall  not  be  arrested  or  prose- 
cuted criminally  without  the  previous  permission  of  the  house  to 
which  they  belong,  except  in  the  case  of  an  unbailable  crime  m 
flagrante  delicto.  In  the  latter  case,  the  court  shall  collect  all  the 
evidence  and  submit  it  to  tlie  house  concerned,  w^hich  shall  decide 
whether  or  not  an  indictment  is  to  be  made,  unless  the  accused  shall 
choose  to  be  tried  immdiately. 

Art.  21.  The  members  of  the  two  houses,  on  taking  their  seats, 
shall  take  a  formal  oath,  in  public  session,  to  perform  their  duties 
faithfully. 

Art.  22.  During  the  sessions  the  senators  and  deputies  shall  re- 
ceive a  salary,  the  same  for  members  of  both  houses,  and  traveling 
expenses,  said  emoluments  to  be  fixed  by  the  Congress  at  the  close  of 
each  legislature,  for  the  succeeding  one. 

Art.  23.  No  member  of  Congress  shall,  from  the  day  of  his  elec- 
tion, enter  into  contracts  with  the  executive  power,  or  receive  from 
the  same  any  salaried  office  or  commission. 

§  1.  From  this  prohibition  are  excepted: 

1.  Diplomatic  missions. 

2.  Military  commands  and  commissions. 

3.  Legal  promotions. 

§  2.  No  deputy  or  senator  shall,  however,  accept  missions,  com- 
missions, or  commands,  indicated  under  Nos.  1  and  2  of  the  preced- 


66  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

ing  section,  without  first  obtaining  the  permission  of  the  house  to 
which  he  belongs,  when  the  acceptance  precludes  the  member  from 
exercising  his  legislative  functions,  except  in  case  of  war  or  in  cases 
in  which  the  honor  and  integrity  of  the  Union  are  involved. 

Art.  24.  Xo  deputy  or  senator  shall  be  president  or  director  of  a 
bank,  company,  or  enterprise  which  enjoys  favors  from  the  federal 
government  defined  by  law. 

80LE  §.  Failure  to  observe  the  provisions  contained  in  this  and  the 
preceding  article  shall  entail  the  loss  of  the  mandate. 

Art.  25.  The  office  of  senator  or  deputy  is  incompatible  with  the 
exercise  of  any  other  functions  during  the  sessions. 

Art.  26.  The  folloAving  are  the  conditions  of  eligibility  to  the  Na- 
tional Congress: 

1.  To  enjoy  the  rights  of  a  Brazilian  citizen  and  be  entitled  to  be 
registered  as  an  elector. 

2.  For  the  Chamber  of  Deputies,  to  have  been  a  Brazilian  citizen 
for  more  than  four  years;  for  the  Senate,  Brazilian  citizenship  of 
more  than  six  years.^ 

This  provision  does  not  api^ly  to  the  citizens  mentioned  in  No.  4  of 
Article  69. 

Art.  27.  The  Congress  shall  define,  by  a  special  law,  the  ca«e3 
of  ineligibility  to  Congress. 

CHAPTER    II. THE    CHAMBER    OF    DEPUTIES. 

Art.  28.  The  Chamber  of  Deputies  is  composed  of  representatives 
of  the  people  elected  by  the  States  and  the  Federal  District,  by 
direct  suffrage,  provided  the  representation  of  the  minority  is  guaran- 
teed.2 

§  1.  The  number  of  deputies  shall  be  fixed  by  law  and  shall  not 
exceed  one  for  every  70,000  inhabitants,  but  each  State  shall  have  at 
least  four  deputies.^ 

^  The  draft  of  the  Constitution  proposed  by  the  provisional  government  required  seven 
and  nine  years  respectively. 

2  The  law  regulating  elections  bears  the  date  of  26  January  1892  (No.  35).  The 
Law  of  7  December  1806  deals  with  the  procedure  to  be  followed  in  federal  elections.  The 
electoral  laws  were  codified  by  a  decree  of  7  February  1894   (No.  1668). 

3  The  present  division  of  deputies  between  the  20  States  and  the  Federal  District  is 
as  follows  : 


Alagoas 6 

Amazonas 4 

Bahia 22 

Ceara 10 

Districto     Federal 10 

Espirito    Santo 4 

Goyaz 4 

Maranhao 7 

Matto    Grosso 4 

Minas    Geraes 37 

Para 7 

Parahyba  5 


Parana ^ —  4 

Pernambuco 17 

Piauhy 4 

Rio  de  Janeiro 17 

Rio  Grande  do  Norte 4 

Rio  Grande   do   Sul 16 

Santa    Catharina 4 

Sao   Paulo 22 

Scrgipe 4 

Total 212 


BRAZIL.  67 

§  -2.  For  tliifc  piii|)c).-c  llic  federal  orovcriiment  shall  order  a  cen- 
sus of  the  population  of  the  Kepublic  to  be  taken  at  once,  which 
shall  be  renewed  eAery  10  years. 

Art.  29.  To  the  Chamber  belongs  the  initiative  for  the  adjourn- 
ment of  the  legislative  session  and  of  all  tax  laws,  of  laws  fixing  the 
land  and  naval  forces,  in  the  discussion  of  recommendations  made  by 
the  executive  power,  and  in  the  decision  of  the  question  whether  the 
President  of  the  Republic  should  or  should  not  be  impeached,  under 
the  provisions  of  Article  53,  and  whether  the  cabinet  ministers  should 
or  should  not  also  be  impeached  for  crimes  committed  by  them  jointly 
with  the  President  of  the  Republic. 

CHAPTER   III. — THE    SENATE. 

Art.  30.  The  Senate  is  composed  of  citizens  eligible  under  the 
terms  of  Article  26,  who  are  over  35  years  old.  There  shall  be  three 
senators  for  each  State  and  three  for  the  Federal  District,  all  of  them 
elected  in  the  same  way  as  the  deputies.^ 

Art.  31.  The  term  of  service  of  the  senators  shall  be  nine  years, 
one  third  of  the  Senate  being  renewed  every  three  years. 

Sole  §.  The  term  of  a  senator  elected  in  place  of  another  shall  con- 
tinue during  the  remainder  of  the  term  of  the  senator  replaced. 

Art.  32.  The  Vice-President  of  the  Republic  shall  be  the  president 
of  the  Senate,  where  he  shall  have  only  the  vote  of  rank  {voto  de 
qualklode)  ^  and  shall  be  replaced,  in  case  of  absence  or  disability,  by 
the  vice-president  of  that  house. 

Art.  33.  The  Senate  alone  has  the  power  to  try  and  pass  sentence 
on  the  President  of  the  Republic  and  the  other  federal  officers 
designated  by  the  Constitution,  under  the  conditions  and  in  the 
manner  which  it  prescribes. 

§  1.  The  Senate,  when  sitting  as  a  court  of  justice,  shall  be  pre- 
sided over  by  the  president  of  the  Federal  Supreme  Court. 

§  2.  It  shall  not  pass  sentence  of  condemnation  unless  by  two 
thirds  of  the  members  present. 

§  3.  It  shall  not  impose  other  penalties  than  the  loss  of  office 
and  disqualification  to  hold  any  other,  without  prejudice  to  the 
action  of  ordinary  justice  against  the  condemned. 

CHAPTER   IV. — POWERS    OF   THE   CONGRESS. 

Art.  31.  The  National  Congress  shall  have  exclusive  power: 
1.  To  estimate  the  revenue  and  fix  the  expenditures  of  the  fed- 
eral government  annually,  and  to  examine  the  accounts  of  the  receipts 
and  expenditures  of  each  financial  year. 

^The  governmental  draft  proposed  the  election  of  senators  by  the  legislatures  of  the 
States. 

'  That  is,  the  right  of  voting  in  case  of  tie. 


68  CONSTITUTIOITS   OF  THE   STATES  AT  WAR. 

2.  To  authorize  the  executive  power  to  contract  loans  and  con- 
duct other  operations  of  credit.    . 

3.  To  legislate  concerning  the  public  debt  and  i^rovide  for  its 
payment. 

4.  To  control  the  collection  and  distribution  of  the  federal 
revenue. 

5.  To  regulate  international  commerce  as  well  as  that  of  the 
States  with  each  other  and  with  the  Federal  District,  to  establish 
custom-houses,  to  create  or  abolish  w^arehouses  of  deposit. 

6.  To  legislate  concerning  navigation  of  rivers  running  through 
more  than  one  State  or  extending  into  foreign  territory. 

7.  To  determine  the  w^eight,  value,  inscription,  type  and  denomi- 
nation of  coins. 

8.  To  create  banks  of  issue,  to  legislate  thereon  and  to  levy  taxes 
thereon. 

9.  To  fix  the  standard  of  weights  and  measures. 

10.  To  determine  definitively  the  boundaries  of  the  States,  the 
Federal  District,  and  the  national  territory. 

11.  To  authorize  the  government  to  declare  war,  when  arbitra- 
tion has  failed  or  can  not  take  place,  and  to  make  peace. 

12.  To  decide  definitively  with  regard  to  treaties  and  conventions 
with  foreign  nations. 

13.  To  change  the  capital  of  the  Union.^ 

14.  To  grant  subsidies  to  the  States  in  the  case  referred  to  in 
Article  5. 

15.  To  legislate  concerning  the  federal  postal  and  telegraph 
service. 

16.  To  adopt  the  measures  proper  for  the  protection  of  the 
frontiers. 

17.  .To  fix  annually  the  land  and  naval  forces. 

18.  To  legislate  concerning  the  organization  of  the  army  and 
navy. 

19.  To  grant  or  refuse  the  passage  of  foreign  forces  through  the 
territory  of  the  country  for  the  purpose  of  military  operations. 

20.  To  mobilize  and  make  use  of  the  national  guard  or  militia 
in  the  cases  provided  for  by  the  Constitution. 

21.  To  declare  a  state  of  siege  at  one  or  more  points  in  the  na- 
tional territory,  in  the  emergency  of  an  attack  by  foreign  forces  or  of 
internal  disturbance,  and  to  approve  or  suspend  the  state  of  siege 
declared  by  the  executive  power  or  its  responsible  agents  during  tlie 
recess  of  Congress. 

22.  To  establish  the  conditions  and  methods  of  elections  for  fed- 
eral offices  throughout  the  country. 

^  See  above,  Article  3. 


BRAZIL.  69 

23.  To  legislate  concerning  the  civil,  commercial  and  criminal 
laws  of  the  Republic,  and  the  law  of  federal  procedure. 

24.  To  establish  uniform  laws  on  naturalization. 

25.  To  create  and  abolish  federal  public  offices,  to  fix  the  duties 
of  the  same  and  to  designate  their  salaries. 

2G.  To  organize  the  federal  judicial  system  in  accordance  with 
Articles  55  and  following  of  Section  III. 

27.  To  grant  amnesty. 

28.  To  commute  and  remit  penalties  imposed  upon  federal  offi- 
cers in  cases  of  impeachment. 

29.  To  legislate  concerning  the  lands  and  mines  belonging  to  the 
Union. 

30.  To  legislate  concerning  the  municipal  organization  of  the 
Federal  District,  as  well  as  the  police,  higher  education  and  other 
services  which  in  the  capital  are  reserved  to  the  federal  government. 

31.  To  submit  to  special  legislation  those  points  of  the  territory 
of  the  Republic  needed  for  the  establishment  of  arsenals  or  other 
establishments  or  institutions  for  federal  use. 

32.  To  regulate  cases  of  extradition  between  the  States. 

33.  To  enact  such  laws  and  resolutions  as  may  be  necessary  for 
the  exercise  of  the  powers  belonging  to  the  Union. 

34.  To  enact  the  organic  laws  necessary  for  the  complete  execu- 
tion of  the  Constitution. 

35.  To  prorogue  or  adjourn  its  sessions. 

Art.    35.    The  Congress  shall  also  have  power,  but  not  exclusively : 

1.  To  see  to  the  observance  of  the  Constitution  and  laws  and  to 
provide  for  needs  of  a  federal  character. 

2.  To  encourage  in  the  country  the  development  of  letters,  arts 
and  sciences,  as  well  as  of  immigration,  agriculture,  industry  and 
commerce,  without  granting  privileges  which  may  embarrass  the  ac- 
tion of  the  local  governments. 

3.  To  create  institutions  for  higher  and  secondary  education  in 
the  States. 

4.  To  provide  for  secondary  education  in  the  Federal  District. 

CHAPTER  V. — LAWS  AND  RESOLUTIONS. 

Art.  36.  Save  the  exceptions  specified  in  Article  29,  all  bills  may 
originate,  indifferently,  in  the  Chamber  or  in  the  Senate,  and  may  be 
introduced  by  any  of  their  members. 

Art.  37.  A  bill,  after  being  passed  in  one  of  the  houses,  shall  be 
submitted  to  the  other,  and  if  the  latter  approves  of  it,  shall  be  sent 
to  the  executive  power,  w^hich,  if  approving  it,  shall  sanction  and  pro- 
mulgate it. 

§  1.  If,  however,  the  President  of  the  Republic  shall  consider  the 
bill  unconstitutional,  or  contrary  to  the  interests  of  the  nation,  he 

shall   veto  it  within    10   worldnrr  rlnvc:.   rnnntofl    frmn    flmf.  nn    wliipTi 


70  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

he  received  it,  and  shall  return  it  within  the  same  period  to  the  house 
in  which  it  originated,  with  his  reasons  for  the  veto. 

§  2.  The  failure  of  the  President  of  the  Republic  to  approve  or 
disapprove  the  bill  within  these  10  days  shall  be  considered  as  an  ap- 
proval; in  case  the  bill  is  vetoed  after  the  Congress  has  closed,  the 
President  shall  publish  his  reasons  therefor. 

§  3.  A  bill  not  approved  shall  be  returned  to  the  house  in  which 
it  originated,  where  it  shall  be  discussed  and  subjected  to  a  yea-and- 
nay  vote,  and  shall  be  considered  approved  if  it  obtain  two  thirds  of 
the  votes  of  the  members  present.  In  this  case,  the  bill  shall  be  sent 
to  the  other  house,  and  if  it  be  there  approved  in  the  same  manner 
and  by  the  same  majority  it  shall  be  sent  as  a  law  to  the  executive 
power,  for  formal  promulgation. 

§  4.  The  sanction  and  promulgation  shall  be  made  in  the  following 
language : 

1.  "  The  National  Congress  enacts  and  I  approve  the  following 
law  (or  resolution)." 

2.  "  The  National  Congress  enacts  and  I  pi:'omulgate  the  follow- 
ing law  (or  resolution)." 

Art.  38.  If  the  law  is  not  promulgated  within  48  hours  by  the 
President  of  the  Republic  in  the  cases  specified  in  §§  2  and  3  of 
Article  37,  the  president  of  the  Senate,  or  the  vice-president,  if 
the  president  does  not  do  it  in  the  same  period,  shall  promulgate 
it,  using  the  following  language:  "I,  the  president  (or  the  vice- 
president)  of  the  Senate,  do  hereby  make  know|[i  to  all  those  who 
rnay  see  these  presents  that  the  National  Congress  enacts  and  pro- 
mulgates the  following  law  (or  resolution)." 

Art.  39.  A  bill  from  one  house,  amended  in  the  other,  shall  return 
to  the  former,  and  if  the  amendments  are  accepted  therein,  shall  be 
sent  to  the  executive  power  as  amended. 

§  1.  In  the  contrary  case,  it  shall  go  back  to  the  house  where 
it  was  amended,  and  if  the  alternations  receive  the  A^ote  of  two 
thirds  of  the  members  present,  they  shall  be  considered  as  ap- 
proved, and  shall  then  be  sent,  together  with  the  bill,  to  the  house 
where  it  originated,  which  can  only  reject  them  by  a  two-thirds  vote. 

§  2.  If  the  alterations  are  rejected  by  such  vote,  the  bill  shall  be 
submitted  Avithout  them  to  the  approval  of  the  executive. 

Art.  40.  Bills  finally  rejected,  or  not  approved,  shall  not  be  pre- 
sented again  in  the  same  legislative  session. 


SECTION  II. THE  EXECUTIVE  POWER. 


CHAPTER  I. — THE   PRESIDENT    AND    VICE-PRESIDENT. 

Art.  41.  The  executive  power  shall  be  exercised  by  the  President 
of  the  Repiiblic  of  the  United  States  of  Brazil  as  elective  head  of  the 
nation. 


I 


BRAZIL.  71 

§  1.  The  Vice-President,  elected  simultaneously  with  the  President, 
shall  take  the  place  of  the  latter  in  case  of  temporary  disability,  and 
shall  succeed  .him  in  case  of  A^acancy  in  the  Presidency. 

§  2.  In  case  of  disability  of  the  Vice-PresidiMit,  or  vacancy  of  his 
office,  the  following  shall  be  called  in  the  order  named,  to  fill  the 
Presidency:  The  vice-president  of  the  Senate,  the  president  of  the 
Chamber  of  Deputies,  the  president  of  the  Federal  Supreme  Court. 

§  3.  The  following  are  the  essential  conditions  of  eligibility  to  the 
Presidency  or  Vice-Presidency  of  the  Republic : 

1.  To  be  a  native  of  Brazil. 

2.  To  enjoy  the  exercise  of  political  rights. 

3.  To  be  over  35  years  of  age. 

Art.  42.  If  the  vacancy  in  the  Presidency  or  Vice-Presidency 
occurs,  for  any  cause  whatever,  before  two  years  of  the  presidential 
term  have  elapsed,  a  new  election  shall  be  held. 

Art.  43.  The  President  shall  hold  his  office  for  four  ^  years,  and 
shall  not  be  reelected  for  the  succeeding  presidential  term. 

§  1.  The  Vice-President  who  may  have  filled  the  Presidency  dur- 
ing the  last  year  of  the  presidential  term  shall  not  be  eligible  to  the 
Presidency  for  the  succeeding  term. 

§  2.  The  President  shall  cease  to  exercise  his  powers,  Avithout  fail, 
on  the  same  day  on  which  his  presidential  term  expires,  and  the  newly 
elected  President  shall  at  once  succeed  him. 

§  3.  In  case  of  the  disability  or  failure  of  the  latter  to  enter  upon 
the  discharge  of  his  duties,  the  succession  shall  be  effected  in  accord- 
ance with  §§  1  and  2  of  Article  41. 

§  4.  The  first  presidential  term  shall  expire  on  15  November  1894. 

Art.  44.  On  taking  possession  of  his  office,  the  President,  before 
Congress,  or  if  that  body  is  not  in  session,  before  the  Federal  Su- 
preme Court,  shall  make  the  following  affirmation : 

I  promise  to  uuiintain  and  execute  the  federnl  Constitution  with  perfect  loy- 
alty, to  promote  the  general  welfare  of  the  Repuhlie,  to  ohserve  its  laws,  and 
to  uphold  the  Uniou,  its  integrity  and  independence. 

Art.  45.  The  President  and  Vice-President  shall  not  leave  the 
national  territory  without  the  permission  of  the  Congress,  under 
penalty  of  loss  of  office. 

Art.  46.  The  President  and  Vice-President  shall  receive  the  salary 
fixed  by  the  Congress  in  the  preceding  presidential  term. 

CHAPTER   ir. — ELECTION   OF   PRESIDENT   AND   VICE-PRESIDENT. 

Art.  47.  The  President  and  Vice-President  of  the  Republic  shall 
be  elected  by  direct  suffrage  ^  of  the  nation  and  by  an  absolute 
majority  of  votes. 

*  The  governmental  draft  proposed  six  years, 
_  *The  governmental  draft  proposed  two  degrees  of  suffrage.     Article  1  of  the  Transitory 
Provisions  provided  for  the  election  of  the  first  President. 


72  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

§  1.  The  election  shall  be  held  on  the  first  day  of  March  of  the 
last  year  of  the  presidential  term,  and  the  examination  of  the  votes 
received  in  the  respective  election  districts  shall  be  made  in  the 
federal  capital  and  in  the  capitals  of  the  States.  Congress  shall 
count  the  votes  in  its  first  meeting  of  the  same  year,  with  whatever 
number  of  members  may  be  present. 

§  2.  In  case  no  one  of  the  candidates  shall  have  received  an  abso- 
lute majority  of  votes.  Congress  shall  elect,  by  a  majority  vote  of 
those  present,  one  of  the  two  persons  who  have  obtained  the  greatest 
number  of  votes  in  the  direct  election. 

In  case  of  tie  the  candidate  of  greatest  age  shall  be  considered 
elected. 

§  3.  The  process  of  election  and  counting  of  votes  shall  be  regu- 
lated by  ordinar}^  law. 

§  4.  The  relatives,  Avhether  by  blood  or  affinity,  within  the  first 
and  second  degrees,  of  the  President  or  Vice-President  who  is 
in  the  exercise  of  his  powers  at  the  time  of  the  election,  or  was  so 
six  months  before,  shall  be  ineligible  to  the  offices  of  President  and 
Vice-President. 

CHAPTER  III. THE*  POWERS   OF   THE  EXECUTIVE. 

Art.  48.  To  the  President  of  the  Republic  belongs  the  exclusive 
right : 

1.  To  sanction,  promulgate  and  make  public  the  laws  and  reso- 
lutions of  the  Congress ;  to  issue  decrees,  instructions  and  regulations 
for  their  faithful  execution. 

2.  To  appoint  and  dismiss  at  will  the  ministers  of  State. 

3.  To  exercise,  or  to  designate  one  who  shall  exercise  supreme 
command  over  the  land  and  naval  forces  of  the  United  States  of 
Brazil  when  called  to  arms  for  the  internal  or  external  defense  of  the 
Union. 

4.  To  govern  the  army  and  navy  and  to  distribute  their  respective 
forces,  in  accordance  with  the  federal  laws  and  the  needs  of  the 
national  government. 

5.  To  dispose  of  the  civil  and  military  offices  of  a  federal  char- 
acter, under  the  restrictions  specified  in  the  Constitution. 

6.  To  remit  and  commute  penalties  for  crimes  subject  to  federal 
jurisdiction,  except  in  the  cases  mentioned  in  Article  34,  No.  28,  and 
Article  52,  §  2. 

7.  To  declare  war  and  to  make  peace,  under  the  provisions  of 
Article  34,  No.  11. 

8.  To  declare  war  at  once  in  cases  of  foreign  invasion  or  ag^ 
sion. 

9.  To  present  an  annual  statement  to  the  National  Congress 
the  condition  of  the  country,  indicating  pressing  measures  and  re^ 


"1 

;ss  m 


W! 


BRAZIL.  73 

forms,  by  means  of  a  message,  which  h3  shall  send  to  the  secre- 
tary of  the  Senate  on  the  day  of  the  opening  of  the  legislative  session. 

10.  To  convoke  the  Congress  in  extraordinary  session. 

11.  To  appoint  the  federal  judges  upon  nomination  by  the  Su- 
preme Court. 

1-2.  To  appoint  the  members  of  the  Federal  Supreme  Court  and 
diplomatic  ministers,  with  the  approval  of  the  Senate. 

In  the  absence  of  the  Congress,  he  may  appoint  them  temporarily 
until  acted  upon  by  the  Senate. 

13.  To  appoint  all  other  members  of  the  diplomatic  corps  and 
consular  agents. 

14.  To  maintain  relations  with  foreign  Powers. 

15.  To  declare  directly,  or  through  his  responsible  agents,  a  state 
of  siege  at  any  point  of  the  national  territory,  in  case  of  foreign 
aggression  or  serious  internal  disturbance  (Article  6,  No.  3;  Article 
3-1,^  Xo.  '21 ;  and  Article  80). 

16.  To  enter  into  international  negotiations,  to  conclude  agree- 
ments, conventions  and  treaties,  always  with  the  restriction  that  they 
are  to  be  referred  to  the  Congress,  and  to  approve  those  made  by  the 
States  in  conformity  with  Article  65.  submitting  them,  at  the  time 
of  their  execution,  to  the  authority  of  the  Congress. 

CHAPTP:R   IV. — MINISTERS   OF   STATE. 

Vkt.  49.  The  President  of  the  Republic  is  assisted  by  the  ministers 
of  State,  agents  of  his  confidence,  who  shall  countersign  his  acts,  and 
each  of  whom  shall  preside  over  one  of  the  ministries  into  which  the 
federal  administration  is  divided.^ 

Art.  50.  The  ministers  of  State  shall  not  exercise  any  other  public 
employment  or  function,  nor  shall  they  be  elected  President  or  Vice- 
President  of  the  Union,  deputy  or  senator. 

Sole  §.  Any  deputy  or  senator  who  shall  accept  the  position  of 
minister  of  State  shall  lose  his  seat  and  a  new^  election  shall  at  once 
be  held,  in  which  he  shall  be  ineligible. 

Art.  51.  The  ministers  of  State  shall  not  appear  at  the  meet- 
ings of  the  Congress  and  shall  communicate  with  that  body  only  in 
writing  or  personally  by  means  of  conferences  with  the  committees 
Df  the  houses. 

The  annual  reports  of  the  ministers  shall  be  addressed  to  the  Presi- 
lent  of  the  Republic  and  distributed  to  all  the  members  of  Congress. 
I  Art.  52.  The  ministers  of  State  are  not  responsible  to  the  Con- 
gress or  to  the  courts  for  advice  given  to  the  President  of  the 
Republic. 

g  1.  They  are  responsible,  however,  for  their  acts,  if  these  con- 
ititute  crimes  defined  by  law. 


^The  Law  of  30  October  1891   (No,  23)  created  7  ministries.     Later  reduced  to  6,  they 
'ert  again  (1909)  restored  to  7. 

88381—19 6 


74  CONSTITUTION'S   OF   THE   STATES  AT   WAR. 

§  2.  P^or  ordinary  offenses  and  in  cases  of  impeachment  they  shall 
be  prosecuted  and  tried  by  the  Federal  Supreme  Court,  and  for  those 
committed  jointly  with  the  President  of  the  Republic,  by  the  author- 
ity conipetent  to  pass  judgment  on  the  latter. 

CHAPTER   V. THE  RESPONSIBILITY  OF  THE  PRESIDENT. 

Art.  53,  The  President  of  the  Republic  of  the  United  States  of 
Brazil,  after  the  Chamber  of  Deputies  shall  have  decided  that  he 
should  be  tried  on  charges  made  against  him,  shall  be  brought  to 
trial  and  judgment  before  the  Federal  Supreme  Court  in  cases  of 
ordinary  crimes,  and  before  the  Senate  in  cases  of  impeachment. 

Sole  §.  After  it  has  been  decided  that  the  President  shall  be  tried, 
he  shall  be  suspended  from  the  exercise  of  his  functions. 

Art.  54.  Acts  for  which  the  President  of  the  Republic  may  be  im- 
IDCiiched  are  those  which  are  directed  against: 

1.  The  political  existence  of  the  Union. 

2.  The  Constitution  and  the  form  of  the  federal  government. 

3.  The  free  exercise  of  political  powers. 

4.  The  legal  enjoyment  and  exercise  of  political  or  individual 
rights. 

5.  The  internal  security  of  the  country. 

6.  The  honesty  of  the  administration. 

7.  The  constitutional  custody  and  use  of  public  funds. 

8.  The  appropriations  voted  by  Congress. 
§  1.  These  offenses  shall  be  defined  b}'  a  special  law.^ 
§  2.  Another  law  shall  regulate  the  mode  of  accusation,  procedun 

and  judgment.^ 

§  3.  Both  of  these  laws  shall  be  enacted  in  the  first  session  of  th( 
first  Congress. 

SEcrriox  iii. — the  judicial  power. 

Art.  55.  The  judicial  power  of  the  Union  shall  be  vested  in  a  Fed^ 
eral  Supreme  Court,  sitting  in  the  capital  of  the  Republic,  and  ii 
as  many  inferior  federal  judges  and  courts,  distributed  through  th< 
country,  as  the  Congress  shall  create. 

Art.  56.  The  Federal  Supreme  Court  shall  be  composed  of  1^ 
justices,  appointed  under  the  provisions  of  Article  48,  No.  12,  froi 
among  the  citizens  of  notable  learning  and  reputation,  eligible  tc 
the  Senate. 

Art.  57.  The  federal  justices  shall  hold  office  for  life,  being  remov- 
able only  by  judicial  sentence. 

§  1.  Their  salaries  shall  be  fixed  by  law  and  can  not  be  dimin- 
ished. 


Law  of  7  January  1892  (No.  27).      2  Law  of  8  January  1892  (No.  30) 


BRAZIL.  75 

§  2.  The  Senate  shall  try  the  impeachments  of  the  members  of 
the  Federal  Supreme  Court  and  the  Federal  Supreme  Court  those  of 
the  lower  federal  judges. 

Art.  58.  The  federal  courts  shall  choose  their  presidents  from 
among  their  own  members,  and  shall  organize  their  respective  clerical 
corps. 

§  1.  In  these  corps  the  appointment  and  dismissal  of  the  respec- 
tive clerks,  as  well  as  the  filling  of  the  judicial  offices  in  the  judicial 
districts,  ^hall  belong  to  the  presidents  of  the  respective  courts. 

§  2.  The  President  of  the  Republic  shall  appoint,  from  among  the 
members  of  the  Federal  Supreme  Court,  the  Attorney-General  of  the 
Republic,  whose  attributions  shall  be  defined  by  law. 

Art.  59.  The  Federal  Supreme  Court  shall  have  powder : 

I.  To  try  with  original  and  exclusive  jurisdiction: 

a.  The  President  of  the  Republic  for  ordinary  crimes,  and  the 
ministers  of  State  in  the  cases  specified  in  Article  52. 

h.  The  diplomatic  ministers  for  ordinary  crimes  and  in  cases 
of  impeachment. 

c.  Questions  and  conflicts  between  the  Union  and  the  States, 
or  between  the  States  one  with  another. 

d.  Suits  and  claims  between  foreign  nations  and  the  Union,  or 
between  foreign  nations  and  the  States. 

e.  Conflicts  between  the  federal  judge>s  or  courts  one  with 
another,  or  between  them  and  those  of  the  States,  as  also  conflicts 
of  the  judges  and  courts  of  one  State  with  the  judges  and  courts 
of  another  State. 

II.  To  decide,  on  appeal,  questions  passed  upon  by  the  inferior 
federal  judges  and  courts,  as  well  as  those  mentioned  in  §  1  of  the 

i  present  article  and  in  Article  60. 

III.  To  review  decided  cases  under  the  provisions  of  Article  81. 
§  1.  An  appeal  to  the  Federal  Supreme  Court  can  be  taken  against 

decisions  rendered  in  the  last  instance,  by  the  courts  of  the  State : 

a.  When  the  validity  or  application  of  the  federal  laws  or 
treaties  is  called  in  question  and  the  decision  of  the  State  court  shall 
be  against  the  same. 

h.  When  the  validity  of  laws  or  acts  of  the  governments  of  the 
States  in  opposition  to  the  Constitution  or  to  the  federal  laws  is  con- 
tested and  the  State  court  shall  have  decided  in  favor  of  the  validity 
of  the  acts  or  laws  in  question. 

§  2.  In  the  cases  which  involve  the  application  of  the  laws  of  the 
States,  the  federal  court  shall  consult  the  jurisprudence  of  the  local 
tribunals,  and,  vice  versa,  the  State  court  shall  consult  that  of  the 
federal  tribunals,  when  the  interpretation  of  the  laws  of  the  Union 
is  involved. 


76  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

Art.  60.  It  belongs  to  the  federal  judges  and  courts  to  try  and 
decide: 

a.  Cases  in  which  one  of  the  parties  bases  his  claim  or  defense 
on  some  provision  of  the  Federal  Constitution. 

h.  Suits  against  the  government  of  the  Union  or  the  national 
treasury,  founded  upon  provisions  of  the  Constitution,  laws  and  regu- 
lations of  the  executive  power,  or  upon  contracts  entered  into  with 
the  same  government. 

c.  Claims  for  compensation,  recovery  of  property,  indemnifica- 
tion for  damages  or  any  other  claims,  presented  by  the  government 
of  the  Union  against  private  individuals  or  vice  versa. 

d.  Litigations  between  one  State  and  the  citizens  of  another,  or 
between  citizens  of  different  States,  when  the  respective  State  laws 
are  different. 

e.  Disputes  between  foreign  States  and  Brazilian  citizens. 

/.  Actions  instituted  by  foreigners,  founded  upon  contracts  with 
the  federal  government  or  upon  conventions  or  treaties  between  the 
Union  and  other  nations. 

g.  Questions  of  maritime  law  and  those  relating  to  navigation,, 
either  of  the  ocean  or  of  the  rivers  and  lakes  of  the  country. 

A.  Questions  of  international  criminal  or  civil  law. 

i.  Political  crimes. 
§  1.  Congress  is  forbidden  to  delegate  any   federal  jurisdictiou 
to  the  courts  of  the  States. 

§  2.  Sentences  and  decrees  of  the  federal  judges  shall  be  enforced 
by  the  federal  court  officers,  to  whom  the  local  police  shall  be  bound  to- 
render  assistance  when  called  upon  to  do  so. 

Art.  61.  The  decisions  of  the  State  judges  or  courts  of  competent 
jurisdiction  shall  put  an  end  to  the  suits  and  questions  in  which  they 
are  rendered,  except  in  cases  of : 

1.  Habeas  corpus;  or 

2.  Settlement  of  the  estate  of  a  deceased  foreigner,  in  cases  not 
provided  for  by  convention  or  treaty. 

In  such  cases  voluntary  recourse  may  be  had  to  the  Federal 
Supreme  Court. 

Art.  62.  The  State  courts  shall  not  have  power  to  intervene  in 
questions  submitted  to  the  federal  courts,  or  to  annul,  alter,  or 
suspend  the  sentences  or  orders  of  the  latter.  And,  reciprocally,  the 
federal  courts  can  not  intervene  in  questions  submitted  to  the  State 
courts,  or  annul,  alter,  or  suspend  the  decisions  or  orders  of  the  latter, 
except  in  the  cases  expressly  defined  in  this  Constitution. 

Title  II. — The  States. 

Art.  63.  Each  State  shall  be  governed  b}^  the  Constitution  and 
laws  adopted  by  it,  provided  that  the  constitutional  principles  of  the 
Union  be  respected. 


BRAZIL.  77 

Art.  64.  The  mines  and  vacant  lands  situated  in  the  States  shall 
belong  to  them,  the  Union  having  the  right  only  to  that  portion  of 
the  territory  which  may  be  necessary  for  the  defense  of  the  frontier, 
for  fortifications,  military  constructions  and  federal  railways. 

Sole  §.  National  propert}'  which  may  not  be  necessary  for  the 
service  of  the  Union  shall  pass  to  the  dominion  of  the  States  in  whose 
territory  it  may  be  situated. 

Art.  65.  The  States  shall  have  the  right : 

1.  To  conclude  among  themselves  agreements  and  conventions 
of  a  nonpolitical  character  (Article  48,  Xo.  16). 

2.  To  use.  in  general,  any  power  or  right  not  denied  to  them  by 
a  provision,  expressed  or  implied,  of  the  Constitution. 

Art.  66.  It  is  forbidden  to  the  States: 

1.  To  refuse  faith  and  credit  to  public  documents  of  the  Union 
or  of  any  State,  of  a  legislative,  administrative,  or  judicial  character. 

2.  To  refuse  to  recognize  the  currency,  whether  coin  or  paper, 
put  into  circulation  by  the  federal  government. 

3.  To  make  or  declare  war,  one  against  another,  or  make  use 
of  reprisals. 

4.  To  refuse  the  extradition  of  criminals  when  requested  by  the 
courts  of  other  States  or  of  the  Federal  District,  in  conformity  with 
the  laws  of  Congress  relating  to  this  subject  (Article  34,  No.  32). 

Art.  67.  Excepting  the  restrictions  specified  in  the  Constitution 
and  the  federal  laws,  the  Federal  District  shall  be  governed  by  the 
municipal  authorities.^ 

Sole  §.  The  expenses  of  a  local  character  in  the  capital  of  the 

t public  shall  be  defrayed  exclusively  by  the  municipal  authority. 
Vrt.  68.  The  States  shall  organize  themselves  in  such  a  way  as  to 
'fissure  the  autonomy  of  the  municipalities  in  respect  to  all  that  relates 
to  their  particular  interests. 

Title  IV. — Brazilian  Citizens. 

SECTION  I. qualifications  OF  BRAZILIAN  CITIZENS. 

Art.  69.  The  following  are  Brazilian  citizens: 

1.  Persons  born  in  Brazil,  even  of  a  foreign  father,  if  the  latter 
is  not  residing  in  Brazil  in  the  service  of  his  own  nation. 

2.  Children  of  a  Brazilian  father,  and  illegitimate  children  of  a 
Brazilian  mother,  born  in  foreign  countries,  if  they  establish  their 
domicile  in  the  Eepublic. 

^  Law  of  29  December  1902  which  reorganized  the  Federal  District  and  the  municipal 
power  in  the  federal  capital. 


Title  III. — The  Municipality. 


78  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 

3.  Children  of  a  Brazilian  father  residing  in  a  foreign  country 
in  the  service  of  the  Republic,  provided  that  they  do  not  establish 
their  domicile  there. 

4.  Foreigners  who,  having  been  in  Brazil  on  15  November  1889, 
shall  not  have  declared,  within  six  months  after  the  Constitution 
comes  into  force,  their  intention  to  preserve  their  nationality  of 
origin. 

5.  Foreigners  who  hold  real  estate  in  Brazil  and  are  married  to 
Brazilian  women,  or  have  Brazilian  children,  provided  that  they 
reside  in  Brazil,  unless  they  have  declared  their  intention  of  not 
changing  their  nationality. 

6.  Foreigners  naturalized  ^  in  any  other  way. 

Art.  70.  Citizens  of  more  than  21  years  of  age,  who  are  registered 
according  to  law,  shall  be  electors. 

§  1.  The  following  shall  not  be  registered  as  electors  for  federal 
or  State  elections : 

1.  Beggars; 

2.  Illiterate  persons; 

3.  Soldiers  on  pay,  except  cadets  of  the  higher  militar}^  schools; 

4.  Members  of  monastic  orders,  companies,  congregations  or 
communities  of  any  denomination,  subject  to  a  vow  of  obedience,  or 
rule  or  statutes,  implying  the  surrender  of  individual  liberty. 

§  2.  Citizens  w^ho  are  not  registered  are  not  eligible  to  office. 
Art.  71.  The  rights  of  the  Brazilian  citizen  can  be  suspended  or 
lost  only  in  the  following  cases : 
§  1.  The  rights  are  suspended : 

a.  Through  physical  or  moral  disability. 

h.  Through  condemnation  for  crime,  during  the  period  of  its 
operation. 

§  2.  They  shall  be  lost: 

a.  Through  naturalization  in  a  foreign  country. 
h.  Through  the  acceptance  of  employment  or  pension  from  a  for- 
eign government,  without  permission  of  the  federal  executive  power. 
§  3.  A   federal  law   shall   determine  the  conditions  for  the  re- 
acquisition  of  the  rights  of  Brazilian  citizenship. 

SECTION  II. DECLARATION  OF  RIGHTS. 

Art.  72.  The  Constitution  secures  to  Brazilians  and  foreigners 
residing  in  the  country  the  inviolability  of  their  rights  touching 
liberty,  personal  security  and  property,  in  the  f olloAving  terms : 

§  1.  No  person  shall  be  forced  to  do,  or  not  to  do,  anything  except 
by  virtue  of  law. 

§  2.  All  persons  are  equal  before  the  law.^  The  Republic  does  not 
recognize  privileges  of  birth,  or  titles  of  nobility,  and  abolishes  the 

'  1  Law  of  12  November   1902   on   the   naturalization   of  foreigners. 
*  Slavery  was  suppressed  in  Brazil  in  1888. 


BRAZIL.  79 

existing  honorary  orders,  their  prerogatives  and  decorations,  as  well 
as  all  titles  of  nobility  and  the  title  of  counsellor. 

§  3.  All  persons  and  religious  confessions  shall  have  the  right  to 
exercise  their  religion  publicly  and  freely,  to  form  associations  for 
that  purpose,  and  to  acquire  property,  so  long  as  they  conform  to  the 
jDrovisions  of  the  ordinary  law. 

§  4.  The  Kepublic  recognizes  only  the  civil  marriage,  the  sol- 
emnization of  which  shall  be  gratuitous. 

^  5.  The  cemeteries  shall  possess  a  secular  character,  and  shall  b^i 
managed  by  the  municipal  authorities,  but  all  religious  denomina- 
tions shall  be  free  to  use  their  respective  rites  in  conformity  witli 
their  beliefs,  provided  they  do  not  offend  public  morals  and  the  laws. 
§  C).  The  instruction  given  in  public  institutions  shall  be  laical. 
v^  7.  Xo  denomination  or  church  shall  be  officially  subsidized  or 
made  dependent  on.  or  connected  with,  the  government  of  the  Union, 
or  of  the  States. 

^  S.  All  persons  shall  have  the  right  of  free  association  ^  and 
assembly  without  arms;  the  police  force  shall  not  intervene,  except 
to  maintain  public  order. 

^  0.  All  persons  shall  be  permitted  to  address,  by  petition,  th'^ 
public  powers,  to  denounce  abuses  of  the  authorities  and  to  request 
that  the  guilty  parties  be  held  responsible. 

^  10.  In  time  of  peace  all  persons  shall  have  the  right  to  enter  or 
leave  the  territory  of  the  Republic,  when  and  how  they  please,  carry- 
ing with  them  their  property,  without  necessity  of  securing  a  pass- 
port. 

s^  11.  The  house  is  the  inviolable  asylum  of  the  person  who  inhab- 
its it :  without  his  consent  no  one  can  enter  it  at  night,  except  to  aid 
the  victims  of  a  crime  or  disaster,  or  during  the  day,  except  in  the 
cases  and  in  the  form  prescribed  by  law. 

§  12.  The  expression  of  opinion  on  all  subjects,  through  the  press 
or  from  the  platform,  shall  be  free,  without  subjection  to  censorship, 
each  one  being  responsible  for  the  abuses  he  may  commit,  in  the  gases 
and  in  the  form  prescribed  by  law.  Anonymous  publications  shall 
not  be  permitted. 

^  13.  No  arrest  shall  be  made,  except  in  case  oi  flagrante  delicto^, 
without  the  prisoner' having  been  previously  indicted,  unless  other- 
wise permitted  by  law,  and  upon  written  order  of  the  proper  au- 
thority. 

§  14.  Xo  one  shall  be  kept  in  prison  without  charges  having  been 
formally  filed  against  him,  except  in  the  cases  prescribed  by  law,  nor 
taken  to  prison,  or  detained  there,  if  he  will  give  proper  bail,  in  case? 
where  bail  is  lawful. 


Law  of  1(1  September  1893  (No.  IT.*?). 


80  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

§  15.  No  one  shall  be  sentenced,  except  by  competent  authority, 
and  in  virtue  of  a  preexisting  law,  and  in  the  form  prescribed  by  it. 

§  16.  The  law  shall  secure  to  the  accused  the  fullest  defense  and 
all  the  recourses  and  means  essential  thereto,  including  notice  of  the 
charge,  to  be  delivered  to  the  prisoner  within  24  hours,  signed  by  the 
competent  authority,  w^ith  the  names  of  the  accusers  and  witnesses. 

§  17.  The  rights  of  property  shall  be  maintained  in  all  their  pleni- 
tude, except  in  cases  of  expropriation  because  of  necessity  or  public 
utility,  in  which  cases  indemnity  shall  be  made  beforehand. 

Mines  shall  belong  to  the  ow^ners  of  the  soil,  with  the  limitations 
which  may  be  established  by  law^  to  encourage  the  exploitation  of 
this  branch  of  industry. 

§  18.  The  secrecy  uf  correspondence  is  inviolable. 

§  1?.  No  penalty  shall  extend  beyond  the  person  of  the  guilty 
party. 

§  20.  The  penalties  of  the  galleys  and  of  judicial  banishment  art 
abolished. 

§  21.  The  death  penalty  is  likewise  abolished,  saving  the  provi- 
sions of  military  legislation  in  time  of  war. 

§  22.  The  writ  of  habeas  corf  us  shall  alw  ays  be  granted  when  the 
individual  suffers  or  is  in  imminent  danger  of  suffering  violence  or 
coercion,  through  illegality  or  abuse  of  power. 

§  23.  No  privileged  jurisdiction  shall  be  recognized,  except  in  thos  . 
ca^es  which,  owing  to  their  nature,  belong  to  special  courts. 

§  24.  The  free  exercise  of  any  profession,  moral,  intellectual,  or 
•ndustrial,  shall  be  guaranteed. 

§  25.  Industrial  inventions  shall  belong  to  their  inventors,  who 
•vhall  be  protected  by  a  patent  granted  for  a  limited  time,  or  rewarded 
by  Congress  with  a  reasonable  prize,  when  the  usefulness  of  the 
invention  may  vouch  for  it.^ 

§  20.  The  exclusive  right  to  reproduce,  by  the  press  or  any  other 
mechanical  process,  literary  or  artistic  Avorks  is  guaranteed  to  their 
authors.  The  heirs  of  the  authors  shall  enjoy  this  right  for  the 
period  Avhich  the  law  shall  determine.^ 

^  27.  The  law  shall  also  secure  the  ownership  of  trade-marks.^ 
.    §  28.  No  Brazilian  citizen  shall  be  deprived  of  his  civil  or  political 
rights,  or  exempted  from  the  performance  of  any  civic  duty  whatso- 
ever, on  account  of  his  religious  belief  or  office. 

§  29.  All  those  who  allege  their  religious  belief  as  a  reason  for 
exempting  themselves  from  any  duty  w^hich  the  laws  of  the  Republic 
impose  upon  its  citizens,  and  those  who  accept  foreign  decorations  or 
titles  of  nobility,  shall  lose  all  their  political  rights. 

1  Law  of  14  October  1882.  The  international  protection  of  patents  is  covered  by  the 
Law  of  9  January  1903. 

2  Law  of  1  August  1898. 

8  Law  of  24  September  1904. 


BRAZIL.  81 

§  30.  No  tax  of  any  kind  shall  be  collected  except  under  authority 
of  law. 

§  31.  Trial  by  jury  shall  be  maintained. 

Art.  73..  Public  offices,  civil  or  military,  shall  be  accessible  to  all 
Brazilian  citizens,  provided  that  the  conditions  of  special  fitness, 
fixed  by  law,  be  observed;  the  accumulation  of  salaried  positions  is 
forbidden. 

Art.  74.  Commissions,  positions  and  offices  to  be  held  for  life 
shall  be  fully  guaranteed. 

Art.  75.  Public  officers  shall  be  retired  with  pay,  only  in  case  of 
becoming  unable  to  perform  their  duties  while  in  the  service  of  the 
nation. 

Art.  76.  Officers  of  the  army  and  navy  shall  forfeit  their  com- 
missions, only  w^hen  condemned,  after  trial  by  the  competent  courts, 
to  more  than  two  years'  imprisonment. 

Art.  77.  The  military  and  naval  officers  shall  be  tried  by  special 
courts  for  military  offenses. 

§  1.  This  jurisdiction  shall  be  vested  in  a  Supreme  Military  Court, 
whose  members  shall  serve  for  life,  and  in  the  courts  martial  which 
may  be  needed  for  the  proper  trial  of  the  cases. 

§  2.  The  organization  and  attributions  of  the  Supreme  Military 
Court  shall  be  governed  by  law.^ 

Art.  78.  The  enumeration  of  guarantees  and  rights  made  in  the 
Constitution  shall  not  exclude  other  guarantees  and  rights  not 
enumerated,  but  resulting  from  the  form  of  government  established 
and  the  principles  proclaimed  by  said  Constitution. 

Title  Y. — General  Provisions. 

Art.  70.  The  citizen  vested  with  functions  belonging  to  one  of  the 
three  federal  powers  shall  not  exercise  those  belonging  to  the  other 
two. 

Art.  80.  Any  part  of  the  territory  of  the  Union  may  be  declared 
in  state  of  siege  and  the  constitutional  guarantees  suspended  in  it  for 
a  fixed  period,  whenever  the  security  of  the  Republic  may  deipand  it, 
in  case  of  foreign  aggression  or  internal  disturbance  (Article  34, 
No.  21). 

§  1.  If  Congress  is  not  in  session  and  the  country  is  in  imminent 
danger,  the  federal  executive  power  shall  exercise  this  prerogative 
(Article  48,  No.  15). 

§  2.  In  the  exercise  of  this  power  during  a  state  of  siege  the 
executive  power  shall  be  restricted  to  the  following  measures  of  re- 
pression against  persons: 

1.  To  their  detention  in  a  place  not  destined  for  persons  ac- 
cused of  common  crimes. 

^Thls  court  was  organized  by  the  Law  of  18  July  1893  (No.  149). 


82  COXSTITUTIONS   OF   THE   STATES  AT   WAR. 

2.  To  banishment  to  some  other  part  of  the  national  territory. 

§  3.  As  soon  as  the  Congress  assembles,  the  President  of  the 
Republic  shall  report  to  that  body  all  the  exceptional  measures  which 
he  may  have  taken,  giving  his  reasons  therefor. 

§  4.  The  authorities  who  have  ordered  such  measures  shall  be 
responsible  for  any  abuses  which  may  have  been  committed. 

Art.  81.  Terminated  criminal  cases  may  be  reviewed  at  any  time, 
if  to  the  benefit  of  the  condemned  parties,  by  the  Federal  Supreme 
Court,  which  shall  amend  or  affirm  the  sentence. 

§  1.  The  law  shall  determine  the  manner  and  form  of  the  revision, 
which  may  be  asked  for,  either  by  the  condemned  party,  by  any  one 
of  the  people,  or  ex  officio  by  the  Attorney-General  of  the  Republic. 

§  2.  In  such  revisions,  the  penalties  imposed  by  the  judgment 
under  review  shall  not  be  increased. 

§  3.  The  provisions  of  the  present  article  shall  apply  to  military 
trials. 

Art.  82.  Public  officers  shall  be  strictly  responsible  for  the  abuses 
and  omissions  of  which  they  ma}^  be  guilty  in  the  exercise  of  their 
functions,  as  well  as  for  their  failure,  through  indulgence  or  negli- 
gence, to  exact  from  their  subordinates  the  proper  responsibility  for 
their  acts. 

Sole  §,  Public  officers  shall  bind  themselves,  formally,  o^:\  takirg 
possession  of  their  offices,  to  faithfully  discharge  the  lawful  duties 
of  the  same. 

Art.  83.  Until  revoked,  the  laws  of  the  former  regime  shall  re- 
main in  force,  except  in  so  far  as  they  are  explicitly  or  implicitly 
contrary  to  the  system  of  government  established  by  the  Constitution, 
and  to  the  principles  proclaimed  by  its  provisions. 

Art.  84.  The  government  of  the  Union  guarantees  the  payment  of 
the  public  debt,  domestic  or  foreign. 

Art.  85.  The  staff  and  line  officers  of  the  navy  shall  have  the  same 
ranks  and  privileges  as  the  officers  of  the  army  of  corresponding 
grade. 

Art.* 86.  Every  Brazilian  is  bound  to  do  military  service  in  defense 
of  the  country  and  of  the  Constitution,  in  accordance  with  the  fed- 
eral laws. 

Art.  87.  The  federal  army  shall  be  made  up  of  contingents,  which 
the  States  and  the  Federal  District  are  bound  to  furnish  in  accor 
ance  with  the  annual  law^  fixing  the  strength  of  the  public  force 

§  1.  A  federal  law  shall  determine  the  general  organization  of  tl 
army,  in  accordance  with  Xo.  18  of  Article  34. 

§  2.  The  military  instruction  of  the  corps  and  branches  of  the  arm; 
service  and  higher  military  education  shall  be  in  charge  of  the 
Union. 

§  3.  Compulsory  recruiting  for  military  service  is  abolished. 


ch 

\ 


BRAZIL.  83 

^  4.  The  army  and  navy  shall  consist  of  volunteers,  enlisted  with- 
out bounty,  and  if  this  method  fails,  draftings  shall  be  made  accord- 
in":  to  a  plan  previously  arranged. 

The  personnel  of  the  navy  shall  be  made  up  by  lot  out  of  pupils 
of  the  Naval  School,  the  schools  of  naval  apprentices,  and  members 
of  the  m(*rchant  marine. 

Art.  88.  The  United  States  of  Brazil  shall  in  no  case  engage  in  a 
war  of  conquest,  directly  or  indirectly,  by  itself  or  in  alliance  with 
another  nation. 

Art.  89.  A  Court  of  Accounts  shall  be  established  to  audit  the 
accounts  of  receipts  and  expenditures  and  to  pass  upon  their  legality 
before  they  are  presented  to  Congress. 

The  members  of  this  Court  shall  be  appointed  by  the  President 
of  the  Republic  with  the  approval  of  the  Senate,  and  shall  lose  their 
places  only  by  judicial  sentence. 

Art.  90.  The  Constitution  may  be  amended  upon  the  initiative  of 
the  National  Congress,  or  of  the  legislatures  of  the  States. 

§  1.  An  amendment  shall  be  considered  as  proposed,  when  intro- 
duced by  one  fourth,  at  least,  of  the  members  of  either  house  of  the 
National  Congress,  and  accepted,  after  three  discussions,  by  two 
thirds  of  the  votes  in  both  houses  of  the  Congress,  or,  when  suggested 
by  two  thirds  of  the  States,  in  the  course  of  one  year,  each  State 
boing  represented  by  a  majority  of  the  votes  of  its  legislature. 

^  2.  The  proposed  amendment  shall  be  considered  approved,  if, 
in  the  following  year,  after  three  discussions,  it  is  adopted  by  a 
majority  of  two  thirds  ^  of  the  votes  in  the  two  houses  of  Congress. 
'•  §  3.  The  amendment  adopted  shall  be  published  with  the  signa- 
tures of  the  presidents  and  secretaries  of  the  two  houses,  and  incor- 
porated in  the  Constitution  as  an  integral  part  thereof. 

§  4.  No  project  having  a  tendency  to  abolish  the  federal  republican 
form  of  government,  or  the  equal  representation  of  the  States  in  the 
Senate,  shall  be  admitted  for  consideration  in  the  Congress. 

Art.  91.  As  soon  as  this  Constitution  is  approved,  it  shall  be  pro- 
mulgated by  the  presiding  officers  of  the  Congress  and  signed  by  the 
members  of  the  same.- 

TRANSITORY  PROVISIONS. 

Article  1.  Upon  the  promulgation  of  the  present  Constitution, 
ihe  Congress,  assembled  in  joint  session,  shall  choose  at  once,  by 
absolute  majority  in  the  first  balloting,  and,  if  such  be  not  obtained, 
by  a  relative  majority  in  the  second,  the  President  and  Vice-Presi- 
dent of  the  United  States  of  Brazil. 

1  The  governmental  draft  proposed  a  majority  of  three  fourths. 

-  In  the  Official  Journal  of  25  February  1891  there  are  223  signatures. 


84  CONSTITUTIONS   OF   THE   STATES   AX   WAR. 

§  1.  This  election  shall  be  made  through  two  different  votes,  one 
for  the  President  and  another  for  the  Vice-President;  the  votes  for 
the  President  shall  be  taken  and  counted  first,  and  then  the  votes  for 
Vice-President  shall  be  taken  and  counted. 

§  2.  The  President  and  Vice-President  thus  elected  shall  fill  the 
Presidency  and  Vice-Presidency  of  the  Republic  during  the  first 
presidential  term. 

§  3.  There  shall  be  no  incompatibilities  in  this  election. 

§  4.  As  soon  as  said  election  is  made,  the  Congress  shall  declare  its 
mission  in  joint  session  as  a  convention  to  be  ended,  and,  separating 
itself  into  Chamber  and  Senate,  shall  enter  upon  the  exercise  of  its 
normal  functions  on  the  fifteenth  of  June  of  the  current  year,  and  it 
shall  not  for  any  reason  be  dissolved. 

§  5.  In  the  first  year  of  the  first  legislature,  the  Senate,  as  soon  as 
it  has  completed  its  organization,  shall  designate  preliminarily  the 
first  and  second  thirds  of  its  members,  whose  terms  shall  cease  at  the 
end  of  the  first  and  second  triennial  periods. 

§  6.  This  designation  shall  be  made  in  three  lists,  correspond- 
ing to  the  three  thirds  of  the  Senate,  whereon  the  names  of 
the  senators  of  each  State  and  of  the  Federal  District  shall  be  in- 
scribed, according  to  the  respective  number  of  votes  obtained  by 
them,  so  that  the  one  first  in  the  voting  in  the  Federal  District  and 
in  each  State  shall  be  placed  in  the  list  for  the  last  triennium  and  the 
others  in  the  lists  of  the  other  triennial  periods,  according  to  the 
relative  number  of  votes  obtained  by  them. 

§  7.  In  case  of  tie  preference  shall  be  given  to  the  elder,  and  if  the 
ages  be  equal  the  choice  shall  be  made  by  lot. 

Art.  2.  The  State  which,  at  the  end  of  the  year  eighteen  hundred 
and  ninety-two,  shall  not  have  adopted  a  constitution  for  itself, 
shall  be,  by  Act  of  Congress,  subjected  to  that  one  of  another  State, 
which  may  be  deemed  most  suitable,  but  the  State  thus  subjected  to 
the  constitution  of  another  State  shall  have  the  right  to  amend  that 
instrument  in  the  manner  provided  in  the  same. 

Art.  3.  As  fast  as  the  States  shall  be  organized,  the  federal  gov- 
ernment shall  deliver  to  them  the  administration  of  the  services 
which  belong  to  them  under  the  Constitution,  and  shall  settle  the 
responsibility  of  the  Federal  administration  in  all  that  relates  to 
said  services  and  to  the  payment  of  the  respective  officials. 

Art.  4.  While  the  States  are  engaged  in  regulating  their  expenses 
and  during  the  whole  period  of  organization  of  their  services,  th< 
federal  government  shall  grant  them  special  credits  for  this  purpose 
tinder  conditions  to  be  established  by  law. 

Art.  5.  xis  soon  as  the  States  are  organized,  the  classification  of  th< 
revenues  established  in  the  Constitution  shall  enter  into  force. 


BRAZIL.  85 

.Vkt.  6.  In  the  first  appointments  of  federal  and  State  judges, 
preference  shall  be  given  to  the  present  members  of  the  law  courts, 
and  to  those  judicial  officers  called  desembarg adores^  who  may  enjoy 
the  greatest  reputation. 

Judges  who  have  served  for  over  thirty  years  and  can  not  have 
positions  in  the  new  judicial  organization  shall  be  retired  on  full  pay. 

Those  who  have  served  for  less  than  thirty  years  shall  continue 
to  receive  their  present  salaries  until  they  are  employed  or  retired 
with  salaries  corresponding  to  their  time  of  service. 

Tlie  expenses  to  be  incurred  in  paying  the  sahiries  of  the  judges 
placed  on  the  retired  or  reserve  lists  shall  be  paid  by  the  federal 
government. 

Art.  7.  On  and  after  15  November  1889,  a  pension  shall  be  paid 
to  D.  Pedro  de  Alcantara,  ex-Emperor  of  Brazil,  which  shall  guar- 
antee him  a  suitable  maintenance  for  the  remainder  of  his  life.  Con- 
gress in  its  first  regular  session  shall  fix  the  amount  of  this  pension. 

Art.  8.  The  federal  government  shall  acquire  for  the  nation  the 
house  in  which  Benjamin  Constant  Botelho  de  Magalhaes  died, 
and  shall  order  a  tablet  to  be  placed  upon  the  same  in  memory  of 
that  great  patriot,  the  founder  of  the  Republic. 

Sole  §.  The  widow  of  said  Dr.  Benjamin  Constant  shall  enjoy 
the  use  of  said  house  during  her  life.^ 

^  The-  signatures  of  the  President  of  the  Congress  and  of  the  senators  and  deputies 
I  follow. 


BULGARIA. 

The  Preliniinaiy  Treaty  of  Peace,  which  ended  the  Kusso-Turkish 
War  and  was  signed  at  San  Stefano  19  February  /  3  March  1878,^ 
considerably  reduced  the  Ottoman  power  in  Europe.  Bulgaria  was 
separated  from  the  Ottoman  Empire  and  constituted  into  ''  an  au- 
tonomous and  tributary  principality,  under  the  sovereignty  of  His 
Majesty  the  Sultan,"  by  Article  1  of  the  Treaty  of  Berlin  of  13  July 
1878.-  This  same  treaty  imposed  on  the  new  State  certain  conditions 
relative  to  the  election  of  the  Prince  (Article  2)  and  religious  liberty 
(Article  5)'.  On  10/22  February  1879,  the  first  Bulgarian  assemblj^ 
of  notables  convened  in  the  principality  and  the  new  Constitution 
was  promulgated  at  Tirnovo  16/28  April  1879.  It  contains  169  arti- 
cles.^ Eastern  Rumelia  revolted  against  Turkish  domination  in  Sep- 
tember 1885  and  proclaimed  Alexander  Prince.  The  latter  accepted 
'*the  title  of  Prince  of  the  two  Bulgarias  of  the  north  and  of  the 
south  "  by  a  manifesto  dated  from  Tirnovo  20  September. 

The  Constitution  of  1879  was  the  object  of  an  important  revision 
in  1893.  The  proposal  of  the  government,  adopted  by  the  Ordinary 
National  Assembly  on  7/19  December  1892,  was  submitted  to  the 
Grand  National  Assembly,  which  was  convened  at  Tirnovo  on  3/15 
May  1893.  On  15/27  May  the  revision  was  passed.  Thirteen  articles 
of  the  Constitution  were  amended:  Articles  6,  38,  58,  59,  86.  Ill,  115, 
125, 126, 139, 141,  144  and  161.^ 

In  1911  the  Constitution  underwent  another  revision.  The  Grand 
National  Assembly  was  opened  at  Tirnovo  on  9/22  June  1911  and 
held  twenty-two  meetings,  at  the  conclusion  of  which  (7/20  July) 
the  project  of  the  Fourteenth  Ordinary  National  Assembly  was 
adopted  with  some  modifications  and  promulgated  four  days  later. 
Fourteen  articles  were  amended:  Articles  6,  17,  19,  24,  35.  38,  55,  7-2, 
73,  76,  86, 121, 127  and  161. 

*  French  text  In  British  and  Foreign  State  Papers,  69  :  pp.  732-744  ;  English  transla- 
tion in  Edward  Hkrtslet,  Map  of  Europe  by  Treaty,  vol.  iv  (London,  1891),  pp.  2672- 


'  French  text  in  British  and  Foreign  State  Papers,  69  :  pp.  749-767  ;  English  transla- 
tion in  IIertslkt,  op.  cit.,  pp.  27.')9-2790. 

'  French' translation  in  British  and  Foreign  State  Papers,  70:  pp.  1303-1318,  and  An- 
nuaire  de  Icgislaiion  ctrangdre,  9  (1879)  :  pp.  774-790. 

*  French  translation  in  Annuaire  de  legislation  etrangfre,  23  (1893);  pp.  682-684, 
with  the  old  and  new  texts  iu  paralh^l  columns. 

87 


88  COI^STITUTIONS   OF   THE   STATES   AT   WAR. 

The  electoral  law  in  force  bears  the  date  of  23  March  /  4  April 
1897.^  It  received  slight  modifications  in  1898,  1901,  1906,  1907,  1908, 
1909,  1910,  1911  (twice)  and  1912.  Laws  of  16/29  March  1903  and 
11/24  April  1910  have  prescribed  the  boundaries  of  the  electoral 
districts.^ 


CONSTITUTION   OF   16/28   APRIL    1879,   WITH   AMENDMENTS   OF 
15/27  MAY  1893  AND  11/24  JULY  1911.3 

Chapter  I. — The  Territory  of  the  Kingdom. 

Article  1.  The  territory  of  the  Kingdom  of  Bulgaria  may  not  be 
increased  or  diminished  Avithout  the  consent  of  the  Grand  National 
Assemblj'. 

Art.  2.  The  rectification  of  boundary  lines,  if  this  has  not  been 
done  in  inhabited  regions,  may  also  be  decreed  by  the  Ordinary  Na- 
tional Assembly  (Article  85). 

Art.  3.  The  territory  is  divided  for  administrative  purposes  into 
districts,  sections  {arrondissements)  and  communes. 

A  special  law  shall  be  drafted  for  the  organization  of  this  admin- 
istrative division  on  the  principle  of  autonomy  for  the  communes. 

Chapter  II. — The  Power  of  the  King  and  its  Limitations. 

Art.  4.  The  Bulgarian  Kingdom  is  an  hereditary  constitutional 
monarchy  with  national  representation. 

Art.  5.  The  King  is  the  supreme  representative  and  head  of  the 
State. 

Art.  6.*  The  King  bears  the  title  of  His  Majesty  the  King  of  the 
Bulgars ;  the  heir  to  the  throne,  that  of  His  Royal  Highness. 

Art.  T.  The  King  of  Bulgaria  may  not,  without  the  consent  of  the 
Grand  National  Assembly,  be  at  the  same  time  the  sovereign  of  an- 
other State. 

Art.  8.  The  person  of  the  King  is  sacred  and  inviolable. 

Art.  9.  The  legislative  power  belongs  to  the  King  and  the  national 
representation. 

Art.  10.  The  King  sanctions  and  promulgates  the  laws  passed  by 
the  National  Assembly. 

1  Published  in  the  Official  Journal,  30  April/12  May.  See  analysis  in  Anntwdre  de 
legislation  ctrongdre,  27   (1897)  :  pp.  780-790. 

2  These  introductory  paragraphs  are  based  upon  F.  R.  Dareste  et  P.  Dareste,  'Lea  Con- 
stitutions modernes  (3d  edition,  Paris,  1910),  vol.  ii^  p.  206-298,  with  additions  based 
upon  the  Annuairc  de  legislation  etrangere. 

3  Translated  by  George  D.  Gregory  from  the  French  translation  in  the  British  and 
Foreign  State  Papers,  107  :  pp.  615-630.  A  German  translation  of  the  Constitution  of 
1879  and  of  the  amendments  of  1893  is  in  Paul  Posener,  Die  Staatsverfassungen  des 
Erdballs    (Cbarlottenburg,  1000),  pp.   16-31   and  31-32  respectively. 

*  As  amended  11/24  July  1911. 


BULGARIA.  80 

Akt.  11.  The  King  is  the  supreme  head  of  all  the  military  forces 
of  the  country  in  time  of  poaco  as  well  as  in  time  of  war.  He  con- 
fers military  rank  in  accordance  with  the  law.  Those  who  enter 
upon  the  military  career  take  an  oath  of  fidelity  to  the  King. 

Art.  12.  The  executive  power  belongs  to  the  King.  All  the 
agencies  of  this  power  act  in  his  name  and  under  h^s  high  supervision. 

Art.  13.  The  judicial  power  belongs  entirely  to  the  authorities  and 
persons  vested  with  judicial  powers,  who  act  in  the  name  of  the 
King.  The  relations  of  the  King  with  the  judicial  authorities  are 
determined  by  special  regulations. 

Art.  14.  The  King  has  the  right  to  mitigate  and  commute  pun- 
ishments in  accordance  with  the  rules  laid  down  in  the  law  on  crim- 
inal procedure. 

Art.  15.  The  King  has  the  right  of  pardon  in  criminal  cases. 
The  right  of  amnesty  belongs  to  the  King  conjointly  with  the  Xci- 
tional  Assembly. 

Art.  16.  The  rights  of  the  King  specified  in  Articles  14  and  15 
do  not  cover  sentences  passed  upon  ministers  for  violations  of  the 
Constitution. 

Art.  17.^  The  King  is  the  representative  of  the  State  in  all  its 
relations  with  foreign  countries.  The  government  negotiates  and 
concludes  in  his  name  all  treaties  with  foreign  countries,  w^hich  must 
be  sanctioned  by  the  King.  The  ministers  inform  the  National  As- 
sembly thereof  as  soon  as  the  interests  and  security  of  the  State  per- 
mit (Article  92  of  the  Constitution). 

Xevertheless  treaties  of  peace,  of  commerce,  treaties  obligating  the 
State  finances,  those  that  are  in  derogation  of  laws  now  in  existence, 
treaties  relating  to  the  public  or  civil  rights  of  Bulgarian  subjects 
do  not  become  definitive  until  they  have  been  voted  by  the  National 
Assembly. 

In  no  case  can  the  secret  stipulations  of  a  treaty  nullify  the  pub- 
lished articles. 

Art.  18.  Decrees  and  regulations  emanating  from  the  King  are 
executory  when  countersigned  by  the  respective  ministers,  who  as- 
sume entire  responsibility  therefor. 

Chapter  III. — The  Residence  of  the  King. 

Art.  19.^  The  King  is  obliged  always  to  reside  in  the  Kingdom, 
f  he  leaves  it  temporarily,  he  designates  a  Regency,  which  shall  be 
conferred  upon  the  Council  of  Ministers.  The  rights  and  the  duties 
f  the  Regency  shall  be  determined  by  a  special  law.  The  King  com- 
nunicates  his  departure  and  the  designation  of  the  Regency  to  tlie 
^uncil  of  Ministers,  which  informs  the  nation  tlicreof  througli  the 
•fficial  journal. 

lAs  amended  11/24  July  1911. 


90  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  20.  The  heir  to  the  throne  must  likewise  reside  in  the  King- 
dom and  may  not  leave  it  except  with  the  consent  of  the  King. 

Chapter   IV. — The  Arms  of  the   Kingdo3I,  the   Seal   A^D  the 

National  Flag. 

Art.  21.  The  arms  of  the  Bulgarian  State  consist  of  a  crowned 
lion  of  gold  on  a  dark  red  field.  The  shield  is  surmounted  by  the 
royal  crown. 

Art.  22.  The  seal  of  the  State  shall  bear  the  arms  of  the  Kingdom. 

Art.  23.  The  Bulgarian  flag  is  tricolor  and  consists  of  the  colors 
white,  green  and  red  arranged  horizontally. 

Chapter  V. — The  Order  or  Succession  to  the  Throne. 

Art.  24.^  The  Royal  dignity  is  hereditary  in  a  direct  line  by  right 
of  primogeniture  in  the  male  descendance  of  His  Majesty  the  King 
of  the  Bulgars,  Ferdinand  I  of  Saxe-Coburg  and  Goth  a.  A  special 
law  shall  govern  the  order  of  succession  to  the  throne. 

Chapter   VI. — The   Majority   of   the   King,   the   Regency   and 

Guardianship. 

Art.  25.  The  reigning  King  and  the  heir  to  the  throTie  attain  their 
majority  at  the  age  of  eighteen. 

Art.  26.  If  the  King  ascends  the  throne  before  attaining  this  age, 
a  regency  and  guardianship  are  constituted  for  him  until  he  attains 
his  majority. 

Art.  27.  The  Regency  is  composed  of  three  regents  who  are  elected 
by  the  Grand  National  Assembly. 

Art.  28.  The  reigning  King  may  also  appoint  three  regents  dur- 
ing his  lifetime,  if  the  heir  to  the  throne  has  not  attained  his  ma- 
jority. But  in  this  case  the  consent  and  confirmation  of  the  Grand 
National  Assembly  are  necessary. 

Art.  29.  Ministers,  the  president  and  members  of  the  Court  of 
Cassation  and  persons  who  have  filled  these  offices  in  an  irreproachj 
able  manner  may  be  members  of  the  Regency. 

Art.  30.  Members  of  the  Regency  on  assuming  office  take  an  oat] 
( f  fidelity  to  the  King  and  the  Constitution  before  the  Grand  NaJ 
tional  Assembly.    After  which  they  announce  to  the  nation  by  prod 
lamation  that  they  have  undertaken  the  government  of  the  countr 
within  the  limits  of  the  royal  power  and  in  the  name  of  the  King. 

Art.  31.  As  soon  as  the  King  has  attained  his  majority  and  takei 
oath,  he  assumes  the  government  of  the  country  and  advises  the  na^ 
tion  thereof  by  a  proclamation. 


lAs  amended  11/24  July  1911. 


BULGAKIA.  91 

Art.  32.  The  education  of  the  King  during  his  minority  and  the 
administration  of  his  estates  are  in  the  hands  of  the  Queen  widow 
and  the  tutors  appointed  by  the  Council  of  Ministers  with  the  con- 
sent of  the  Queen. 

Art.  33.  Members  of  the  Regency  may  not  be  at  the  same  time 
tutors  of  the  minor  King. 

Chapter   VII. — Accession  to   the   Throne   and   the   Taking  of 

THE  Oath. 

Art.  M.  Upon  the  death  of  the  King  the  heir  ascends  the  throne 
and  immediately  orders  the  convening  of  the  Grand  National  As- 
sembly, before  which  he  takes  the  following  oath : 

I  swear  in  the  name  of  God  Almighty  that  I  shall  uphold  devoutly  and  in- 
violably the  Constitution  and  the  laws  of  the  Kingdom  and  that  in  all  my 
actions  I  shall  always  have  in  view  only  the  prosperity  and  welfare  of  the 
country.     So  help  me  God ! 

Chapter  VIII. — Maintenance  of  the  King  and  of  the  Members 

OF  THE  Royal  House. 

Art.  35.^  The  National  Assembly  fixes  by  a  special  law  the  civil 
list  of  the  King  and  of  his  court. 

Art.  36.  The  National  Assembly  fixes  the  amount  for  the  main- 
tenance of  the  heir  to  the  throne  as  soon  as  he  has  attained  his 
majority. 

Chapter  IX. — Religion. 

Art.  37.  The  Orthodox  Christian  Religion  of  the  Eastern  Rite 
is  the  State  religion  of  the  Kingdom  of  Bulgaria. 

Art.  38.^  The  King  may  not  profess  any  religion  other  than  the 
Orthodox.    An  exception  is  made  in  the  case  of  the  present  King. 

Art.  39.  As  the  Kingdom  of  Bulgaria  forms,  from  an  ecclesias- 
tical point  of  view,  an  inseparable  part  of  the  pale  of  the  Bulgarian 
Church,  it  is  subject  to  the  Holy  Synod,  which  is  the  supreme 
authority  of  the  Bulgarian  Church,  wherever  the  seat  of  that  author- 
ity may  be.  It  is  through  it  that  the  Kingdom  preserves  its  union 
with  the  Ecumenical  Eastern  Church  in  all  that  pertains  to  the 
dogmas  of  the  faith. 

Art.  40.  Unorthodox  Christians  and  non- Christian  inhabitants, 
whether  subjects  of  the  Kingdom  or  received  as  such,  as  well  ass 
foreigners  permanently  or  temporarily  residing  in  Bulgaria,  enjoy 
freedom  of  worship  in  so  far  as  their  religious  practices  do  not  vio- 
late existing  laws. 

lAs  amended  11/24  July  1911. 


92  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

Art.  41.  No  one  may,  by  virtue  of  his  religious  convictions,  be 
exempted  from  the  obligations  of  the  laws  in  force,  which  are  bind- 
ing upon  everybody. 

Art.  42.  The  ecclesiastical  affairs  of  unorthodox  Christians  and 
of  non-Christians  are  governed  by  the  respective  religious  authori- 
ties Avithin  the  limits  of  the  laws  laid  down  on  this  subject  and 
under  the  high  supervision  of  the  competent  minister. 

Chapter  X. — The  Laavs. 

Art.  43.  The  Bulgarian  Kingdom  shall  be  governed  strictly  in 
accordance  with  the  laws,  which  are  made  and  promulgated  in  the 
forms  indicated  in  the  present  Constitution. 

Art.  44.  No  law  may  be  promulgated,  completed,  modified,  or  re- 
pealed without  first  being  discussed  and  voted  upon  by  the  Natiojial 
Assembly,  which  also  has  the  right  of  interpreting  its  precise  mean- 
ing. 

Art.  45.  Every  law^  voted  by  the  National  Assembly  is  submitted 
to  the  King  for  his  sanction. 

Art.  46.  After  being  sanctioned  by  the  King,  the  law  must  be 
promulgated  in  full.  Mention  must  be  made  in  the  promulgation  of 
the  law  of  its  adoption  by  the  National  Assembly.  No  law  has  any 
force  or  effect  before  its  promulgation. 

Art.  47.  If  the  State  is  menaced  by  some  internal  or  external 
danger  and  the  National  Assembly  can  not  be  convened,  then,  and 
in  this  case  only,  the  King  may,  upon  the  'representations  of  the 
Council  of  Ministers  and  their  joint  responsibility,  publish  ordi- 
nances and  take  measures  w^hich  will  have  the  same  binding  force 
as  laws.  The  extraordinary  ordinances  and  measures  shall  be  sub- 
mitted to  the  approval  of  the  first  National  Assembly  which  is  con- 
vened thereafter. 

Art.  48.  The  measures  and  ordinances  mentioned  in  Article  47 
may  in  no  case  have  for  their  object  the  creation  of  taxes  and  con- 
tributions, which  shall  always  be  imposed  with  the  consent  of  the 
National  Assembly. 

Art.  49.  The  National  Assembly  alone  has  the  right  to  decide 
whether  all  the  formalities  prescribed  by  the  present  Constitution 
have  been  fulfilled  in  the  publication  of  a  law. 

Art.  50.  Regulations  for  putting  a  law  into  effect  and  the  meas- 
ures which  must  be  taken  to  this  end  are  in  the  hands  of  the  execu- 
tive power. 

Chapter  XI. — The  Property  of  the  State. 

Art.  51.  The  property  of  the  State  belongs  to  the  Bulgarian  King- 
dom, and  neither  the  King  nor  the  members  of  his  family  may 
assume  the  enjoyment  thereof. 


BULGARIA.  93 

Art.  52.  The  nuinner  in  which  this  property  may  be  alienated  or 
mortgaged,  as  well  as  the  use  to  which  the  revenue  therefrom  is  to 
be  put,  shall  be  prescribed  by  law. 

Art.  53.  The  property  of  the  State  is  administered  by  the  compe- 
tent minister. 

Chapter  XII. — The  Citizens  of  the  Bulgarian  Kingdom. 

SECTION    1. general  RULES. 

Art.  54.  xVll  those  who  are  born  in  Bulgaria  and  who  have  not 
changed  their  nationality,  as  well  as  those  who  are  born  in  foreign 
countries  of  parents  who  are  Bulgarian  subjects,  are  considered  sub- 
jects of  the  Bulgarian  Kingdom. 

Art.  55.^  Foreigners  may  be  admitted  to  Bulgarian  nationality  by 
virtue  of  a  law,  to  be  drafted  hereafter. 

Art.  56.  Any  subject  of  the  Kingdom  may  change  his  nationality 
after  he  has  completed  his  period  of  military  service  and  fulfilled  his 
other  obligations  toward  the  State,  in  conformity  with  a  special  law, 
to  be  drafted  hereafter. 

Art.  57.  All  Bulgarian  subjects  are  equal  before  the  law ;  no  divi- 
sion into  classes  is  tolerated  in  Bulgaria. 

Art.  58.-  Titles  of  nobility  and  other  distinctions  can  not  exist  in 
the  Kingdom. 

Art.  59.-  The  King  has  the  right  to  grant  decorations.  The  crea- 
tion of  decorations  takes  place  by  virtue  of  a  special  law. 

Art.  60.  Citizens  of  the  Bulgarian  Kingdom  alone  enjoy  political 
rights.  All  who  dwell  within  the  Kingdom  have  civil  rights  in  con- 
formity with  the  law^s. 

Art.  61.  No  one  in  the  Bulgarian  Kingdom  has  the  right  to  buy  or 
sell  human  beings. 

Every  slave  of  whatever  sex,  nationality,  or  religion  is  free  as  soon 
as  he  sets  foot  on  Bulgarian  territory. 

Art.  62.  Laws  concerning  public  order  and  police  laws  are  equally 
binding  upon  all  who  live  in  the  Kingdom. 

Art.  63.  All  immovable  property  situated  in  the  Kingdom,  even 
though  it  belongs  to  foreigners,  is  governed  by  the  Bulgarian  laws. 

Art.  64.  In  all  other  respects,  the  condition  of  foreign  subjects  in 
the  Kingdom  is  governed  by  special  laws. 

SECTION   2. THE  SERVICE  OF  THE  STATE  AND  PUBLIC  OFFICE. 

Art.  65.  Bulgarian  subjects  alone  may  be  officials  of  the  State  or 
of  the  commune,  or  be  admitted  to  service  in  the  army. 

^As  amended  11/24  July  1911.  2  as  amended  15/27  May  1893. 


94  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

Art.  66.  Foreign  subjects  may  also  be  admitted  to  the  service  of 
the  State,  subject,  however,  to  the  approval  of  the  National  Assembly 
in  every  instance. 

SECTION  3. THE  RIGHT  OF  PROPERTY. 

Art.  67.  The  right  of  property  is  inviolable. 

Art.  68.  Expropriation  may  take  place  only  because  of  public 
utility  and  in  consideration  of  a  just  indemnity.  The  mode  of  ex- 
propriation shall  be  determined  by  a  special  law. 

SECTION    4. TAXES  AND   CONTRIBUTIONS  LEVIED  BY  THE   STATE. 

Art.  69.  Every  subject  of  the  Bulgarian  Kingdom,  without  ex- 
ception, is  obliged  to  pay  the  taxes  and  contributions  established  by 
the  laws  and  to  bear  the  other  charges. 

Art.  to.  The  King  and  the  heir  to  the  throne  are  exempted  from 
all  taxes,  contributions  and  other  charges. 

SECTION     5. MILITARY    SERVICE. 

Art.  71.  Every  Bulgarian  subject  is  liable  to  military  service  ac- 
cording to  the  law  to  this  effect. 

Art.  72.^  A  special  law  shall  specify  the  crimes,  imputable  to 
soldiers  in  active  service,  that  fall  within  the  jurisdiction  of  the 
military  courts  and  those  that  come  within  the  competence  of  the 
courts  of  common  law. 

SECTION    G. INVIOLABILITY  OF  PERSON,  DOMICILE  AND   CORRESPONDENCE. 

Art.  73.2  ~^q  qj^q  j^^g^y.  ^^  subjected  to  punishment  except  by  virtue 
of  a  definite  judgment  of  a  competent  court. 

Neither  exceptional  tribunals  nor  commissions  of  inquiry  may  be 
created  upon  any  pretext  or  under  any  designation  whatever. 

In  time  of  war  or  in  case  of  imminent  peril  resulting  from  foreign 
invasion  or  an  armed  insurrection,  when  the  entire  country  or  cer- 
tain localities  have  been  proclaimed  to  be  in  a  state  of  siege,  courts 
martial  instituted  by  law  come  into  operation. 

The  state  of  siege  is  proclaimed  by  law,  if  the  National  Assembly 
is  in  session,  or  by  decree  on  the  joint  responsibility  of -the  ministers^ 
if  the  said  Assembly  is  not  in  session.    In  the  latter  case  the  Nationa 
Assembly  must  be  convened  within  five  days  to  approve  the  decre 
issued  to  this  effect. 


lAs  amended  11/24  July  1911. 

2  All  of  this  article  after  Paragraph  1  was  added  11/24  July  1911. 


\ 


BULGARIA.  95 

Art.  74.  Imprisonment  and  domiciliary  visits  may  take  place  only 
in  accordance  with  the  rules  laid  down  by  law. 

Akt.  75.  No  punishment  except  that  prescribed  by  law  may  be 
applied  to  any  one  whomsoever. 

Torture,  as  well  as  the  confiscation  of  property,  is  prohibited. 

Art.  76.1 

Art.  77.  The  secrecy  of  private  letters  and  telegrams  is  inviolable. 
The  responsibility  of  officials  relative  to  the  violation  of  the  secrecy 
of  letters  and  telegrams  shall  be  governed  by  a  special  law. 

SECTION    7. PUBLIC   INSTRUCTION. 

Art.  78.  Primary  instruction  is  obligatory  and  free  to  all  sub- 
jects of  the  Bulgarian  Kingdom. 

SECTION    8. FREEDOM    OF   THE    PRESS. 

Art.  79.  The  press  is  free.  No  censorship  is  permitted.  Xo  se- 
curity shall  be  required  of  writers,  publishers,  or  printers.  When 
an  author  is  known  and  resides  in  the  Kingdom,  the  publisher,  the 
printer  and  the  distributors  shall  not  be  prosecuted. 

Art.  80.  The  Holy  Scriptures,  ecclesiastical  books  and  works 
dealing  with  the  dogmas  of  the  Orthodox  Church,  as  well  as  man- 
uals on  religion  for  use  in  Orthodox  schools,  shall  first  be  submitted 
to  the  approval  of  the  Holy   Synod. 

Art.  81.  All  misdemeanors  on  the  part  of  the  press  shall  be  judged 
according  to  law  b}^  the  ordinary  courts. 

SECTION     0. FREEDOM    OF    ASSEMBLY    AND    OF    ASSOCIATION. 

Art.  82.  The  inhabitants  of  the  Bulgarian  Kingdom  have  the 
right  peaceably  to  assemble  and  to  discuss  unarmed  any  question 
without  first  asking  permission.  Meetings  held  in  the  open  air  are 
wholly  subject  to  police  regulations. 

Art.  83.  Bulgarian  citizens  have  the  right  to  form  associations^ 
without  any  previous  authorization,  provided  the  object  of  such  as- 
sociations and  the  means  employed  do  not  jeopardize  the  security 
of  the  State,  public  order,  religion,  or  public  morals. 

SECTION     10. THE    RIGHT    OF    PETITION. 

Art.  84.  Every  Bulgarian  subject  may  present  petitions  to  the 
competent  authorities  either  individually  or  collectively.  Legally 
constituted  institutions  may  likewise  present  requests  through  the 
intermediary  of  their  representative. 


1  R(.'scindod  •11/24  July  l'.)ll. 


96  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

Chapter  XIII. — National  Eepresentation. 

Art.  85.  The  representation  of  the  Bulgarian  Kingdom  consists 
of  a  National  Assembly,  which  may  be: 

1.  An  Ordinary  National  Assembly. 

2.  A   Grand   National   Assembly. 

Chapter  XIV.— The  Ordinary  National  Assembly. 

SECTION   1. composition  OF  THE  ORDINARY  NATIONAL  ASSEMBLY. 

Art.  86.^  The  Ordinary  National  Assembly  consists  of  represen- 
tatives elected  by  direct  vote  in  the  ratio  of  one  deputy  for  every 
twenty  thousand  inhabitants  of  both  sexes.  Reperesentatives  are 
elected  for  four  years. 

All  Bulgarian  citizens  Avho  have  attained  the  age  of  21  years  and 
w^ho  enjoy  civil  and  political  rights  are  electors. 

Bulgarian  citizens  enjoying  civil  and  political  rights,  who  have 
attained  the  age  of  30  and  who  can  read  and  write,  are  eligible  for 
election  as  representatives. 

An  electoral  law  shall  be  drafted.^ 

Art.  87.  Those  elected  represent  not  only  their  constituents,  but 
the  whole  nation;  that  is  why  they  may  not  accept  any  obligatory 
instruction  from  their  constituents.  Representatives  are  entirely 
free  in  their  opinions  as  to  the  needs  of  the  country  and  are  guided 
only  by  their  convictions  and  conscience. 

Art.  88.  As  soon  as  the  session  is  opened,  the  National  Assembly, 
under  the  presidency  of  its  senior  member,  proceeds  immediately  to 
the  election  of  its  president  and  vice  presidents. 

Art.  89.  The  National  Assembly  elects  from  among  its  members 
as  many  secretaries  as  are  necessary. 

Art.  90.  The  ministers  ma}^  attend  the  meetings  of  the  Assembly 
and  take  part  in  the  discussions.  The  Assembly  is  obliged  to  hear 
the  ministers  whenever  they  request  the  floor. 

Art.  91.  For  the  purpose  of  presenting  to  the  Assembly  explana- 
tions on  the  subjects  which  are  submitted,  the  King  may,  in  the  place 
and  stead  of  the  ministers  or  conjointly  with  them,  appoint  special 
commissioners  in  the  Assembly,  who  in  this  case  enjoy,  like  the  minis- 
ters, the  rights  designated  in  the  foregoing  Article  90. 

Art.  92.  The  Assembly  may  invite  the  ministers  and  commission- 
ers to  attend  its  meetings,  in  order  to  furnish  such  information  and 
explanations  as  are  required.  The  ministers  and  commissioners  are 
obliged  to  present  themselves  before  the  Assembly  and  to  commu- 

lAs  amended  11/24  July  1911. 

2  See  Introductory  paragraphs  preceding  this  Constitution. 


BULGARIA.  97 

nicate  personally  the  explanations  requested.  The  ministers  and 
commissioners  may  on  their  own  responsibility  preserve  silence  as 
to  facts,  the  premature  divulging  of  which  might  be  injurious  to  the 
interests  of  the  State. 

SECTION  2. — I  ijeedo:m  of  opinion  and  inviolability  of  members  of  the 

ASSEMBLY. 

Art.  93.  Every  member  of  the  Assembly  has  the  right  freely  to 
express  his  opinion  and  to  vote  according  to  his  conviction  and  his 
conscience.  No  one  may  call  him  to  account  for  the  opinion  he  has 
expressed  nor  prosecute  him  because  of  it. 

Art.  94.  The  rights  of  the  president  and  the  responsibility  of  the 
members  of  the  Assembly  with  regard  to  the  rules  to  be  observed  in 
the  meetings  are  determined  by  a  special  regulation  governing  the 
internal  affairs  of  the  Assembly. 

Art.  95.  Members  of  the  Assembly  who  during  its  session  shall 
commit  misdemeanors  or  crimes  provided  for  by  the  criminal  law 
may  not  be  brought  into  court  except  with  the  authorization  of  the 
Assembly. 

Art.  96.  Members  of  the  National  Assembly  during  the  five  days 
preceding  the  opening  and  throughout  the  entire  session  may  not  be 
arrested  or  tried,  unless  they  are  accused  of  crimes  involving  the 
heaviest  penalties  prescribed  by  the  criminal  law.  In  this  case  the 
arrest  of  a  representative  must  be  immediately  communicated  to 
the  National  Assembly,  and  not  until  it  so  authorizes  may  judicial 
prosecution  be  commenced. 

Art.  97.  Representatives  may  not  be  held  for  debt  during  the  five 
days  preceding  the  opening  and  throughout  the  entire  session  of  the 
Assembly. 

Art.  98.  The  provisions  relating  to  replacing  deceased  or  retiring 
members  of  the  Assembly  are  laid  down  by  the  electoral  law. 

SECTION    3. PUIiLIcn  Y   OV  THE   MEETINGS  OF   THE  NATIONAL  ASSEMBLY. 

Art.  99.  The  meetings  of  the  National  Assembly  are  public. 

Art.  100.  The  president,  one  of  the  ministers  or  commissioners,  or 
at  least  three  members  of  the  Assembly  may  propose  to  exclude  the 
public  from  the  Assembly  chamber.  Such  a  proposal  is  discussed  in 
secret  and  decided  by  a  majority  vote  of  the  members  present. 

Art.  101.  The  decision  mentioned  in  the  preceding  article  (100)  is 
publicly  proclaimed  by  the  president. 

Art.  102.  No  one  bearing  arms  may  enter  the  chamber  or  the 
building  in  which  the  Assembly  is  sitting. 


98  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Military  guards  and  arrned  forces  generally  must  not  be  placed  at 
the  door  of  the  chamber  or  in  the  building  of  the  Assembly  itself  or 
in  the  vicinity  of  that  building,  unless  a  majority  of  the  Assembly  so 
desires. 

Art.  103.  The  Assembly  has  its  own  internal  police  who  are  un- 
der the  orders  of  the  president. 

Art.  lOJ^.  The  National  Assembly  makes  its  own  rules  for  its 
internal  government  and  the  manner  in  which  it  shall  proceed  to 
examine  the  questions  upon  which  it  is  to  pass. 

Chapter  XV. — Attributions  of  the  National  Assembly. 

Art.  105.  The  attributions  of  the  National  Assembly  are  as  fol- 
lows : 

1.  To  discuss  bills,  in  pursuance  of  Arti  le  44. 

2.  To  discuss  proposals  for  loans  to  the  State,  for  the  increase, 
diminution  or  imposition  of  taxes  and  all  kinds  of  contributions,  as 
well  as  their  distribution  and  the  manner"  of  their  collection. 

3.  To  decree  releas?  from  taxes  and  contributions  Avhich  are 
in  arrears  and  the  collection  of  which  appears  to  have  become  im- 
possible. 

4.  To  discuss  the  annual  budget  of  receipts  and  expenditures. 

5.  To  control  the  expenditure  of  the  sums  carried  in  the  budget. 

6.  To  control  the  operations  of  the  Court  of  Accounts,  which 
is  obliged  to  present  to  the  Assembly  detailed  data  on  the  use  ti 
which  the  budget  has  been  put. 

7.  To  put  questions  as  to  the  responsibility  of  ministers. 
Art.  106.  The  Assembly  has  the  right  to  receive  all  kinds  of  pe- 
titions and  requests  and  to  transmit  them  to  the  respective  ministers. 
It  has  the  right  to  appoint  commissions  of  inquiry  in  all  the  branches 
of  the  administration. 

Ministers  are  obliged  to  furnish  explanations  when  the  Assembly 
asks  for  them. 

Art.  107.  The  members  of  the  Assembly  have  the  right  to  address 
interpellations  to  the  government;  the  government  and  the  respec- 
tive ministers  are  obliged  to  reply  thereto. 

Chapter  XVI. — Rules  Relating  to  the  Presentation  and  Exami- 
NAi'iON  OF  Bills  and  Proposals. 

Art.  108.  The  King  and  the  National  Assembly  have  the  right 
to  initiate  legislation. 

Art.  109.  Bills  and  proposals  are  presented  to  th-    National  .' 
sembly  by  the  respective  ministers  at  the  command  of  the  King. 


BULGARIA.  99 

Any  representative  in  the  National  Assembly  may  likewisa  pre- 
sent bills  or  proposals  if  he  is  supported  by  one  fourth  of  the  mem- 
bers present. 

Art.  110.  Any  bill  or  proposal  presented  to  the  National  Assem- 
bly may  be  withdrawn  so  long  as  it  has  not  been  passed  as  a  whole. 

Art.  Ill,  The  National  Assembly  may  amend,  complete,  or  cor- 
rect bills  whic-h  are  presented  to  it. 

Art.  112.  If  the  government  does  not  consent  to  the  amendments, 
additions,  or  corrections  in  the  bills  presented  by  it,  it  may  withdraw 
them  or  present  them  again  in  their  original  form,  with  explanations 
and  remarks ;  or  it  may  present  them  with  the  amendments  and  addi- 
tions which  it  deems  it  advisable  to  introduce  therein. 

Art.  113.  If  the  Assembly  rejects  a  bill  in  its  entirety,  it  may  not 
be  again  presented  to  the  Assembly  without  modification  at  the  same 
session.    Such  a  bill  may  be  presented  at  another  session. 

Art.  114,^  Bills  presented  to  the  National  Assembly  may  not  be 
\oted  unless  more  than  one  third  of  all  the  representatives  are  pres- 
ent at  the  meeting. 

Art.  115.^  The  members  of  the  Assembly  are  required  to  vote  in 
person  and  in  public.  The  vote  may,  however,  be  in  secret  if  at  least 
ten  members  so  request  and  if  their  request  is  granted  by  the  National 
Assembly. 

Art.  116.  The  Assembly  decides  questions  by  a  majority  vote. 

Akt.  117.  In  case  of  a  tie  vote,  the  bill  or  proposal  is  considered 
defeated. 

Art.  118.  The  King  must  make  known  to  the  Assembly,  during  its 
session,  his  decision  on  every  resolution  which  is  passed  by  the  As- 
sembly and  submitted  to  him. 

Chapter  XVII. — The  Budget. 

Art.  119.  The  budget  is  submitted  every  year  to  the  National  As- 
sembly for  discussion. 

Art.  120.  As  soon  as  the  budget  is  voted  by  the  National  Assem- 
bly, it  is  submitted  to  the  King  for  his  sanction. 

Art.  121.2  The  National  Assembly  discusses  the  proposed  budget 
article  by  article. 

Art.  122.  When  the  Assembly  can  not  be  convened  and  there  are 
necessary  emergency  expenses  to  be  provided  for,  the  budget  for  the 
preceding  year  remains  in  force  on  the  responsibility  of  the  minis- 
ters until  the  National  Assembly  approves  the  expenditures  made. 
IThis  approval  must  be  given  at  the  next  following  session. 

1  As  amended  15/27  May  1893.  2  as  amended  11/24  July  1011. 


100  CONSTITUTIOITS   OF   THE   STATES  AT  WAR. 

Chapter  XVIII. — State  Loans. 

Art.  123.  No  loan  may  be  contracted  without  the  consent  of  the 
National  Assembly. 

Art.  124.  If  it  should  become  necessary  to  contract  a  loan,  when 
the  legislature  is  not  in  session,  to  meet  extraordinary  emergency 
expenses,  the  Assembly  is  convened  immediately  in  extraordinary 
session. 

Art.  125.^  If  there  are  serious  obstacles  in  the  way  of  convening 
the  National  Assembly,  the  King,  on  the  initiative  of  the  Council  of 
Ministers,  may  decree  a  loan  up  to  the  sum  of  three  million  francs,  on 
condition  that  such  loan  be  submitted  to  the  approval  of  the  next 
National  Assembly. 

Art.  126.^  As  regards  expenses  for  which  no  credit  has  been 
opened,  the  King  may,  in  such  cases  and  in  accordance  with  the 
formalities  indicated  in  the  preceding  article  (125).  order  them  to  be 
defrayed  from  the  treasury  funds,  but  on  condition  that  all  such 
expenses  shall  not  exceed  the  sum  of  one  million  francs. 

Art.  127.^  The  King  convenes  the  National  Assembly  regularly 
every  year.  The  session  lasts  from  15  October  to  15  December  [old 
style]  and  from  15  January  to  15  March  [old  style].  But  the  Assem- 
bly may  be  convened  in  extraordinary  session,  if  important  matters 
are  on  its  program. 

Chapter  XIX.— The  Convening  of  the  Assembly. 

Art.  128.  The  place  where  the  Assembly  is  to  sit  and  the  length  of 
its  session,  as  set  forth  in  Article  127,  are  fixed  by  the  convocation 
decree  signed  by  the  King. 

Art.  129.  The  ordinary  session  of  the  Assembly  may  be  prolonged 
if  the  King  and  the  National  Assembly  mutually  consent  thereto. 

Art.  130.  The  King  opens  and  closes  the  Assembly  in  person  or 
through  a  delegate  specially  designated  for  that  purpose  by  procura- 
tion. 

Art.  131.  Prior  to  the  opening  of  the  Assembly  all  its  members 
take,  simultaneously  and  according  to  the  forms  of  their  religion, 
the  following  oath: 

I  swear  in  the  name  of  the  Only  God  to  respect  and  defend  the  Constitu- 
tion and  in  the  performance  of  my  duties  in  this  Assembly  to  have  always  in 
view  the  welfare  of  the  nation  and  of  the  King  according  to  the  dictates  of  my 
reason  and  my  conscience.     So  help  me  God  !     Amen ! 

Art.  132.  Members  of  the  clergy  do  not  take  this  oath,  but  so 
emnly  promise  to  act  always  according  to  the  dictates  of  their  coi 

1  As  amended  15/27  May  1893.  ^  As  amended  11/24  July  1911. 


\ 


BULGARIA.  101 

science  witli  a  view  to  the  common  good  of  the  coliiltty  itiicrof  the 
King. 

Art.  133.  At  the  opening  of  the  Assembly  the  King's  speech  sets 
fortli  the  condition  of  the  country  and  indicates  the  bills  and  pro- 
posals which  are  to  be  submitted  to  the  consideration  of  the  Assembly. 

Akt.  13J:.  In  reply  to  the  royal  speech,  the  Assembly  presents  an 
address  to  the  King. 

Art.  135.  After  convening  the  Assembly,  the  King  may  prorogue 
the  session  for  two  months  at  most.  A  further  prorogation  in  the 
course  jof  the  same  session  may  not  take  place  except  with  the  consent 
of  the  Assembly  itself. 

Art.  136.  The  King  may  dissolve  the  Assembly  and  order  new 
elections. 

Art.  137.  The  new  elections  must  take  place  within  two  months 
at  most  and  the  new  Assembly  must  be  opened  within  not  more  than 
four  months  from  the  date  of  the  dissolution  of  the  preceding  Na- 
tional Assembly. 

Art.  138.  The  members  of  the  National  Assembly  may  not  meet 
in  session  unless  they  are  convened  by  the  King;  neither  may  they 
meet  after  the  adjournment,  closure,  or  dissolution  of  the  Assembly. 

Art.  139.^  All  representatives  receive  per  diem  compensation. 
Traveling  expenses,  how^ever,  are  not  allowed  except  to  those  who  do 
not  reside  in  the  locality  where  the  National  Assembly  meets. 

Chapter  XX — The  Grand  National  Assembly. 

SECTION    1. ATTRIBUTIONS   OF   THE   GRAND    NATIONAL   ASSEMBLY. 

Art.  140.  The  Grand  National  Assembly  is  convened  by  the  King, 
by  the  Regency,  or  by  the  Council  of  Ministers. 

Art.  141.^  The  King  convenes  the  Grand  National  Assembly : 

1.  To  discuss  questions  of  the  session  or  exchange  of  some  part 
of  the  territory  of  the  Kingdom. 

2.  To  pass  upon  the  case  provided*  for  by  Article  7  of  the  Con- 
I  stitution. 

3.  To  modify  or  revise  the  Constitution. 

1  here  nnist  be  a  vote  of  two  thirds  of  all  the  members  of  the  As- 
jsembly. 

I     Art.  142.  The  Grand  National  Assembly  may  not  be  convened  by 
I  the  Regency  except  for  the  purpose  of  considering  cfuestions  of  tiie 
alienation  or  exchange  of  some  part  of  the  Kingdom. 

Those  questions  are  decided  by  a  majority  of  the  members  of  the 
Assembly  present. 

lAs  amended  15/27  May  1893. 


102         *::  :*i:^0NSTiTy5m:pki  of  the  states  at  wak. 

Art.4^3:  ^'Tlte:G/5iincil'Qf.Mihisters  convenes  the  Grand  Xational 
Assembly':  *"*****'* 

1.  To  elect  a  new  King  in  case  the  reigning  King  dies  without 
leaving  an  heir.  The  election  is  decided  by  a  majority  of  two  thirds 
of  the  members  of  the  Assembly  present. 

2.  To  elect  regents  during  the  minority  of  the  King.  The  elec- 
tion is  decided  by  a  majority  of  the  Assembly  present. 

Art.  144.^  The  Grand  National  Assembly  is  composed  of  repre- 
sentatives elected  directly  by  the  people.  The  number  of  these 
deputies  must  be  double  that  of  the  members  of  the  Ordinary 
National  Assembly,  in  the  ratio  of  two  representatives  to  every 
twenty  thousand  inhabitants  of  both  sexes.  The  elections  shall  take 
place  in  accordance  with  a  special  electoral  law. 

SECTION    2. COMPOSITION   OF  THE   GRAND   NATIONAL  ASSEMBLY. 

Art.  145.  The  president,  the  vice-presidents  and  the  required  num- 
ber of  secretaries  are  elected  by  the  Assembly  from  among  its  mem- 
bers. Until  these  elections  have  taken  place  the  senior  member 
occupies  the  presidential  chair. 

Art.  146.  The  Grand  National  Assembly  may  take  up  only  the 
questions  enumerated  in  Articles  141-143,  for  which  it  has  been 
convened  according  to  the  Constitution,  and  it  is  dissolved  immedi- 
ately after  it  has  decided  them. 

Art.  147.  Articles  87,  90,  93,  104,  114,  115,  131  and  132  of  the 
present  Constitution  ave  applicable  also  to  the  Grand  National 
Assembly. 

Chapter  XXI. — The  Grand  Bodies  of  the  State  :  The  Council  of 
Ministers,  the  Ministries. 

Art.  148.  The  grand  bodies  of  the  State  are : 

1.  The  Council  of  Ministers. 

2.  The  Ministries. 

Art.  149.  The  executive  po^er,  under  the  high  supervision  and 
direction  of  the  King  (Article  12),  belongs  to  the  ministers  and  their 
Council. 

Art.  150.  The  Council  of  Ministers  is  composed  of  all  the  minis- 
ters ;  one  of  them  is  appointed  President  of  the  Council  by  the  King. 

Art.  151.  Aside  from  their  regular  duties  in  ordinary  times,  the 
Council  of  Ministers  in  certain  cases  set  forth  below  is  vested  with 
the  following  rights  and  duties : 

1.  In  case  the  King  should  die  without  issue,  the  Council  of 
Ministers  assumes  the  government  of  the  Kingdom  and  convenes 

lAs  amended  15/27  May  1893. 


BULGARIA.  103 

Avithin  one  month  the  Grand  National  Assembly  to  elect  the  new 

2.  The  Council  of  Ministers  assumes  the  government  also  in  case 
the  King  should  not  have  appointed  a  Regency  before  his  death. 
The  Grand  National  Assembly  must  be  convened  within  one  month 
for  the  election  of  regents  (Paragraph  1). 

3.  If  the  Queen  widoAv  is  pregnant  at  the  death  of  tlie  King, 
the  Kingdom  is  governed  by  the  Council  of  Ministers  until  the 
Queen's  delivery. 

4.  If  one  of  the  regents  should  die,  the  Council  of  ^linisters  con- 
venes the  Grand  National  Assembly  for  the  election  of  a  successor 
to  the  deceased  regent,  in  accordance  with  the  provisions  of  Para 
graph  2. 

5.  The  Council  of  Ministers,  on  assuming  the  government  of  the 
country  in  the  cases  mentioned  in  the  present  article  (Paragraphs 
1-4),  makes  this  fact  known  to  the  nation  by  a  proclamation. 

G.  As  long  as  the  Council  of  Ministers  is  in  charge  of  the  gov- 
ernment of  the  Kingdom,  there  can  be  no  change  of  ministers. 

7.  The  members  of  the  Council  of  Ministers,  when  they  are  pro- 
visionally in  charge  of  the  government  of  the  country,  receive  only 
their  salaries  as  ministers. 

Art.  152.  Ministers  are  appointed  and  dismissed  by  the  King. 

Art.  153.  Ministers  are  jointly  responsible  to  the  King  and  the 
National  Assembly  for  all  measures  taken  in  common,  and  each  one 
is  personally  responsible  for  his  acts  within  the  limits  of  his  at- 
tributions. 

Art.  154.  Every  official  act  signed  b,y  the  King  must  be  counter- 
signed, according  to  its  character,  either  by  all  the  ministers  or  by  the 
minister  concerned. 

Art.  155.  Charges  may.  be  brought  against  ministers  by  the  Na- 
tional Assembly  for  treason  against  the  country  or  the  King,  for 
violations  of  the  Constitution,  for  corruption  in  office  or  injuries 
to  the  Kingdom  in  the  furtherance  of  personal  ends. 

Art.  156.  Every  accusation  against  a  minister  must  be  presented 
in  writing,  with  an  enumeration  of  all  the  charges,  and  must  be 
signed  by  at  least  one  fourth  of  the  members  of  the  National  As- 
sembly. 

Art.  157.  A  majority  of  two  thirds  of  the  members  of  the  As- 
sembly present  is  necessary  in  order  to  place  a  minister  on  trial. 

Art.  158.  Ministers  are  tried  by  a  special  court  of  the  State,  the 
composition  of  which  shall  be  determined  by  a  law. 

Art.  159.  The  King  may  not  pardon  a  minister  without  the  con- 
sent of  the  National  Assembly. 

Art.  160.  The  execution  of  the  laws  is  entrusted  to  the  grand 
bodies  of  the  State  called  the  ministries. 


104  CONSTITUTIONS   OF   THE    STATES   AT   WAR. 

Art.  161.^  The  ministries  are  ten  in  number: 

1.  The  Ministry  of  Foreign  Affairs  and  Worship. 

2.  The  Ministr}'  of  the  Interior  and  Public  Heahh. 

3.  The  Ministry  of  Public  Instruction. 

4.  The  Ministry  of  Finance. 

5.  The  Ministry  of  Justice. 

6.  The  Ministry  of  War. 

7.  The  Ministry  of  Commerce,  Industry  and  Labor. 

8.  The  Ministry  of  Agriculture  and  Domains  of  the  State. 

9.  The  Ministry  of  Public  Works. 

10.  The  Ministry  of  Railways,  Posts  and  Telegraphs. 

Art.  162.  A  minister  is  placed  at  the  head  of  each  ministry.  . 

Art.  163.  The  King  has  the  right  of  appointment  to  all  the  offices 
of  the  State. 

Art.  164.  Every  official  takes  an  oath  of  fidelity  to  the  King  and 
the  Constitution. 

Art.  165.  Every  official  is  responsible  for  acts  pertaining  to  his 
duties. 

Art.  166.  All  officials  appointed  by  the  government  are  entitled  to 
a  pension,  the  basis  and  amount  of  which  shall  be  determined  by  a 
special  law. 

Chapter  XXII. — The  Mode  of  Eevision  and  Modification  of 
THE  Constitution. 

Art.  167.  Proposals  for  the  modification  or  revision  of  the  Consti- 
tution are  made  in  the  manner  prescribed  for  the  making  of  laws 
(Articles  108  and  109). 

Art.  168.  In  order  to  be  adopted,  the  proposals  referred  to  in  the 
preceding  article  must  receive  a  majority  of  more  than  two  thirds  of 
all  the  members  of  the  National  Assembly  present. 

Art.  169.  The  Grand  National  Assembly  is  convened  to  examine 
the  proposals  mentioned  in  Article  167  and  decides,  by  a  two-thirds? 
majority  of  its  members  present,  questions  concerning  the  modifica- 
tion or  revision  of  the  Constitution. 

lAs  amended  11/24  July  1911. 


CHINA. 

On  12  February  1912,  as  the  result  of  a  revolution,  the  oldest  of 
monarchies  became  a  republic.  The  settlement  at  the  close  of  the 
revolution,  which  united  the  northern  and  southern  provinces  into 
the  Republic  of  China,  included  among  its  terms  the  permanent  union 
of  Xorth  and  South  China  and  the  abdicatijon  of  the  Emperor.  Dele- 
gates from  seventeen  provinces  met  in  Nanking  and  drafted  a  Pro- 
visional Constitution,  which  was  promulgated  by  the  Provisional 
President,  Dr.  Sun  Yat-sen,  on  11  March  1912.  This  Provisional 
Constitution,  consisting  of  56  articles,  made  provision  (Article  53  > 
for  a  National  Assembly,  which  first  met  on  8  April  1913  as  a  bi- 
cameral body  and  initiated  the  drafting  of  a  permanent  Constitution. 
Before  the  completion  of  the  draft.  Articles  56-62,  respecting  the 
election  of  a  President  and  Vice  President,  were  passed  by  the  As- 
.s^embly  and  Yuan  Shih-k'ai  was  elected  President.  The  entire  draft 
Constitution  of  113  articles  was  completed  and  submitted  on  3  No- 
vember 1913  to  the  two  houses  of  the  National  Assembly,  but,  before 
it  could  be  adopted.  Yuan,  because  he  suspected  complicity  in  the 
rebellion  along  the  Yangtse  River,  unseated  the  Kuo-ming-tang  mem- 
bers or  Democrats — a  fact  which  destroyed  the  quorum  of  both 
houses  and  in  effect  dissolved  the  National  Assembly.  Yuan  there- 
upon appointed  a  Council  of  State  (Ts'an  Cheng  Yuan),  which  in 
turn  appointed  a  committee  to  draw  up  a  new  constitution.  This  is 
the  Constitutional  Compact  of  the  Chung  Hua  Min  Kuo  of  68  articles^ 
promulgated  on  1  May  1914,^  by  which  Yuan  became  j,  virtual  dic- 
tator. Attempts  to  revert  to  a  monarchy  w^ere  checked  only  by  tiie 
death  of  Yuan  on  6  June  1916.  The  Provisional  Constitution  of  11 
March  1912  was  then  revived,  and  in  September  the  National  As- 
sembly was  reconvened.  The  revision  of  the  draft  Constitution  was 
immediately  taken  up  and  Avas  nearly  completed  when  the  National 
Assembly  was  suddenly  dissolved  in  June  1918.- 

»  Cf.   The  China  Year  Book,  1916,  pp.  437-443. 

'  These  introductory  paragraphs  are  based  upon  Min-ch'ien  T.  Z.  Tyad,  China's  Xeic 
Constitution  and  International  Problems  (Shanghai,  1918),  which  gives  a  brief  history 
of  the  constitutional  .development,  an  analysis  of  the  permanent  Constitution  so  nearly 
adopted  in  1918  and  an  estimate  of  the  latter  in  comparison  with  the  Provisional  Con- 
stitution and  the  constitutions  of  other  countries.  Cf.  also  The  Statesman's  Year  Book 
(1917  and  1918)  and  The  China  Year  Book   (1916). 

105 

88381—19 8 


106  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

PROVISIONAL  CONSTITUTION  OF  11  MARCH  1912.^ 
Chapter  I. — General  Provisions. 

Article  1.  The  Republic  of  China  is  composed  of  the  Chinese 
people. 

Art.  2.  The  sovereignty  of  the  Chinese  Republic  is  vested  in  the 
people. 

Art.  3.  The  territory  of  the  Chinese  Republic  consists  of  22  prov- 
inces, Inner  and  Outer  Mongolia,  Tibet  and  Chinghai. 

Art.  4.  The  sovereignty  of  the  Chinese  Republic  is  exercised  by 
the  Advisory  Council,  the  Provisional  President,  the  Cabinet  and 
the  Judiciary. 

Chapter  II. — Citizens. 

Art.  5.  Citizens  of  the  Chinese  Republic  are  all  equal,  and  there 
shall  be  no  racial,  class  or  religious  distinctions. 
Art.  6.  Citizens  shall  enjoy  the  following  rights : 

1.  The  person  of  the  citizens  shall  not  be  arrested,  imprisoned, 
tried  or  punished  except  in  accordance  with  law. 

2.  The  habitations  of  citizens  shall  not  be  entered  or  searched 
•except  in  accordance  with  law. 

3.  Citizens  shall  enjoy  the  right  of  the  security  of  their  property 
and  the  freedom  of  trade.  ( 

4.  Citizens  shall  have  the  freedom  of  speech,  of  composition,  of  ^ 
publication,  of  assembly  and  of  association. 

5.  Citizens  shall  have  the  right  of  the  secrecy  of  their  letters. 

6.  Citizens  shall  have  the  liberty  of  residence  and  removal. 

7.  Citizens  shall  have  the  freedom  of  religion. 
Art.  8.  Citizens  shall  have  the  right  of  petitioning  the  executive 

officials. 

Art.  9.  Citizens  shall  have  the  right  to  institute  proceedings  be- 
fore the  judiciary  and  to  receive  its  trial  and  judgments. 

Art.  10.  Citizens  shall  have  the  right  of  suing  officials  in  the 
administrative  courts  for  violation  of  law  or  gainst  their  rights. 

i\.RT.  11.  Citizens  shall  have  the  right  of  participating  in  civil 
examinations. 

Art.  12.  Citizens  shall  have  the  right  to  vote  and  to  be  voted  for 

Art.  13.  Citizens  shall  have  the  duty  to  pay  taxes  according  to 
law. 

Art.  14.  Citizens  shall  have  the  duty  to  enlist  as  soldiers  accord- 
ing to  law. 

1  Translation  from  the  Peking  Daily  Neics,  verified  by   the  Chinese   Secretary   of-  the 
American  Legation,  Pelcing,  China,  and  published  in  Supplement  to  the  American  Joumali 
of  International  Laiv_,  6   (1912)  :  pp.  149-154.     A  French  translation  is  in  the  Annuaire 
4e  legislation  etrangdre,  12  (1912),  pp.  598-602. 


CHINA.  107 

Art.  15.  The  rights  of  citizens  as  provided  in  the  present  chap- 
ter shall  be  limited  or  modified  by  laws  provided  such  limitation 
or  modification  shall  be  deemed  necessary  for  the  promotion  of 
public  welfare,  for  the  maintenance  of  public  order  or  on  account 
of  extraordinary  exigency. 

Chapter  III. — The  Advisory  Council. 

Art.  16.  The  legislative  power  of  the  Chinese  Republic  is  exer- 
cised by  the  Advisory  Council. 

Art  17.  The  Advisory  Council  shall  be  composed  of  members 
elected  by  the  several  districts  as  provided  in  Article  18. 

Art.  18.  The  Provinces,  Inner  and  Outer  Mongolia  and  Tibet 
shall  each  elect  and  depute  five  members  to  the  Advisory  Council 
and  Chinghai  shall  elect  one  member. 

Art.  18.  The  election  districts  and  methods  of  elections  shall  be 
decided  by  the  localities  concerned. 

During  the  meeting  of  the  Advisory  Council  each  member  shall 
have  one  vote. 

Art.  19.  The  Advisory  Council  shall  have  the  following  powers; 

1.  To  pass  all  law  bills. 

2.  To  pass  the  budgets  of  the  provisional  government. 

3.  To  pass  laws  of  taxation,  of  currency,  and  of  weights  and 
measures  for  the  whole  country. 

4.  To  pass  measures  for  the  calling  of  public  loans  and  to  con- 
clude contracts  affecting  the  national  treasury. 

5.  To  give  consent  to  matters  provided  in  Articles  34,  35  and  40. 

6.  To  reply  to  inquiries  from  the  provisional  government. 

7.  To  receive  and  consider  petitions  of  citizens. 

8.  To  make  suggestions  to  the  government  on  legal  or  other 
matters. 

9.  To  introduce  interpellations  to  members  of  the  cabinet  and 
to  insist  on  their  being  present  in  the  Council  in  making  replies 
thereto. 

10.  To  insist  on  the  government  investigating  into  any  alleged 
bribery  and  infringement  of  laws  by  officials. 

11.  To  impeach  the  Provisional  President  for  high  treason  by 
a  majority  vote  of  three  fourths  of  the  quorum  consisting  of  more 
than  four  fifths  of  the  total  number  of  the  members. 

12.  To  impeach  members  of  the  cabinet  for  failure  to  perform 
their  official  duties  or  for  violation  of  the  law,  by  majority  votes  of 
two  thirds  of  the  quorum  consisting  of  over  three  fourths  of  the  total 
number  of  the  members. 

Art.  20.  The  Advisory  Council  shall  itself  convoke,  open  and  ad- 
journ its  own  meetings. 


108  CONSTITUTIONS   OF  THE  STATES  AT  WAK. 

'  Art.  21.  The  meetings  of  the  Advisory  Council  shall  be  conducted 
publicly,  but  secret  meetings  may  be  held  at  the  instigation  of  mem- 
bers of  the  cabinet  or  by  the  majority  vote  of  its  quorum. 

Art.  22.  Matters  passed  by  the  Advisory  Council  shall  be  com- 
municated to  the  Provisional  President  for  promulgation  and  exe- 
cution. 

Art.  23.  If  the  Provisional  President  should  veto  matters  passed 
by  the  Advisory  Council,  he  shall,  within  ten  days  after  he  received 
such  resolutions,  return  the  same  with  stated  reasons  to  the  Council 
for  reconsideration.  If  the  same  matter  should  again  be  passed  by  a 
two-thirds  vote  of  the  quorum  of  the  Council,  it  shall  be  dealt  with 
in  accordance  with  Article  22. 

Art.  24.  The  President  of  the  Advisory  Council  shall  be  elected  by 
ballots  signed  by  the  voting  members,  and  the  one  who  receives  more 
than  one  half  of  the  total  number  of  the  votes  cast  shall  be  elected. 

Art.  25.  Members  of  the  Advisory  Council  shall  not,  outside  the 
Council  hall,  be  responsible  for  their  opinions  expressed  and  votes 
cagt  in  the  Council. 

Art.  26.  Members  of  the  Council  shall  not  be  arrested  without 
the  permission  of  the  President  of  the  Council,  except  for  crimes 
committed  at  the  time  of  arrest  and  for  crimes  pertaining  to  civil 
and  international  warfare. 

Art.  27.  Procedures  of  the  Advisory  Council  shall  be  decided  by 
its  own  members. 

Art.  28.  The  Advisory  Council  shall  be  dissolved  on  the  day  of  the 
convocation  of  the  National  Assembly  and  its  powers  shall  be  exer- 
cised by  the  latter. 

Chapter  IV. — The  Provisional  President  and  Vice-President. 

Art.  29.  The  Provisional  President  and  Vice-President  shall  be 
elected  by  the  Advisory  Council,  and  he  who  receives  two  thirds  of 
the  total  amount  of  votes  cast  by  a  sitting  of  the  Council  consisting 
of  over  three  fourths  of  the  total  number  of  members  shall  be  elected. 

Art.  30.  The  Provisional  President  represents  the  provisional  gov- 
ernment as  the  fountain  of  all  executive  powers  and  for  promulgat- 
ing all  laws. 

Art.  31.  The  Provisional  President  may  issue  or  cause  to  be  issued^ 
orders  for  the  execution  of  laws  and  of  powers  delegated  to  him  by] 
the  laws. 

Art.  32.  The  Provisional  President  shall  be  the  commander-in- 
chief  of  the  army  and  navy  of  the  whole  of  China. 

Art.  33.  The  Provisional  President  shall  ordain  and  establish  the 
administrative  system  and  official  regulations,  but  he  must  first  sub- 
mit them  to  the  Advisory  Council  for  its  approval. 


CHINA.  109 

Art.  34.  The  Provisional  President  shall  appoint  and  remove  civil 
and  military  officials,  but  in  the  appointment  of  members  of  the  Cabi- 
net, ambassadors  and  ministers,  he  must  have  the  concurrence  of  the 
Advisory  Council. 

Art.  35.  The  Provisional  President  shall  have  power,  with  the 
concurrence  of  the  Advisory  Council,  to  declare  war  and  conclude 
treaties. 

Art.  36.  The  Provisional  President  may,  in  accordance  with  law, 
declare  a  state  of  siege. 

Art.  37.  The  Provisional  President  shall,  representing  the  whole 
country,  receive  ambassadors  and  ministers  of  foreign  countries. 

Art.  38.  The  Provisional  President  may  introduce  bills  into  the 
Advisory  Council. 

Art.  39.  The  Provisional  President  may  confer  decorations  and 
other  insignia  of  lienor. 

Art.  40.  The  Provisional  President  may  declare  general  amnesty, 
grant  special  pardon,  commute  a  punishment  and  restore  rights,  but, 
in  the  case  of  a  general  amnesty,  he  must  have  the  concurrence  of 
the  Advisory  Council. 

Art.  41.  In  case  the  Provisional  President  is  impeached  by  the 
Advisory  Council,  he  shall  be  tried  by  a  special  court  consisting  of 
nine  judges  elected  among  the  justices  of  the  Supreme  Court  of  the 
realm. 

Art.  42.  In  case  the  Provisional  President  vacates  his  office  for 
various  reasons,  or  is  unable  to  discharge  the  powers  and  duties  of 
the  said  office,  the  Provisional  Vice-President  shall  take  his  place. 

Chapter  Y. — Members  of  the  Cabinet. 

Art.  43.  The  premier  and  the  chiefs  of  the  government  depart- 
ments shall  be  called  members  of  the  Cabinet.^ 

Art.  44.  Members  of  the  Cabinet  shall  assist  the  Provisional  Presi- 
dent in  assuming  responsibilities. 

Art.  45.  Members  of  the  Cabinet  shall  countersign  all  bills  intro- 
duced by  the  Provisional  President  and  all  laws  and  orders  issued' 
by  him. 

Art.  46.  Members  of  the  Cabinet  and  their  deputies  may  be  pres- 
ent and  speak  in  the  Advisory  Council. 

Art.  47.  After  members  of  the  Cabinet  have  been  impeached  by 
the  Advisory  Council,  the  Provisional  President  may  remove  them 
from  office,  but  such  removal  shall  be  subject  to  the  reconsideration 
of  the  Advisory  Council. 

*  Literally,  secretaries  of  State  affairs. 


110  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

Chapter  VI. — The  Judiciary. 

Art.  48.  The  judiciary  shall  be  composed  of  those  judges  ap- 
pointed by  the  Provisional  President  and  the  Chief  of  the  Depart- 
ment of  Justice. 

The  organization  of  the  coarts  and  the  qualification  of  judges  shall 
be  determined  by  law. 

Art.  49.  The  judiciary  shall  try  civil  and  criminal  cases,  but  cases 
involving  administrative  affairs  or  arising  from  other  particular 
causes  shall  be  dealt  with  according  to  special  laws. 

Art.  50.  The  trial  of  cases  in  the  law  courts  shall  be  conducted 
publicly,  but  those  affecting  public  safety  and  order  may  be  in 
camera. 

Art.  51.  Judges  shall  be  independent  and  shall  not  be  subject  to 
the  interference  of  higher  officials. 

Art.  62.  Judges  during  their  continuance  in  office  shall  not  have 
their  emoluments  decreased  and  shall  not  be  transferred  to  other 
offices,  nor  shall  they  be  removed  from  office  except  when  they  are 
convicted  of  crimes,  or  of  offences  punishable  according  to  law  by 
removal  from  office. 

Regulations  for  the  punishment  of  judges  shall  be  determined  by 
law. 

Chapter  VII. — Supplementary  Articles. 

Art.  53.  Within  ten  months  after  the  promulgation  of  this  Pro- 
visional Constitution,  the  Provisional  President  shall  convene  a 
national  assembly,  the  organization  of  which  and  the  laws  for  the 
election  of  whose  members  shall  be  decided  by  the  Advisory  Council. 

Art.  54.  The  Constitution  of  the  Republic  of  China  shall  be 
adopted  by  the  National  Assembly,  but  before  the  promulgation  oi 
the  Constitution,  the  Provisional  Constitution  shall  be  as  effective  as 
the  Constitution  itself. 

Art.  55.  The  Provisional  Constitution  may  be  amended  by  the 
assent  of  tAvo  thirds  of  the  members  of  the  Advisory  Council  or  upori 
the  application  of  the  Provisional  President,  and  being  passed  by 
over  three  fourths  of  the  quorum  of  the  Council  consisting  of  over 
four  fifths  of  the  total  number  of  its  members. 

Art.  56.  The  present  Provisional  Constitution  shall  take  effect  on 
the  date  of  its  promulgation  and  the  fundamental  articles  for  the 
organization  of  the  provisional  government  shall  cease  to  be  effec- 
tive on  the  same  date. 


COSTA  RICA. 

The  State  of  Costa  Rica  was  not  established  as  an  independent 
republic  until  21  January  1847,  nine  years  after  the  dissolution  of 
the  Central  American  Confederation.  Its  Constitution  as  a  federal 
State,  which  dated  from  2  January  1825,  then  gave  way  to  a  new 
Constitution,^  which  underwent  a  reform  on  22  November  1848,^ 
From  1848  to  1859  Costa  Rica  attained  to  a  remarkable  degree  of 
prosperity.  New  Constitutions  were  established  26  December  1859,^ 
18  February  1869*  and  7  December  1871,-^  the  last  of  which  was 
amended  several  times  ^  and  Avas  in  force  actually  or  nominally  until 
the  Constitution  of  8  June  1917  was  promulgated.^ 


CONSTITUTION  OF  8  JUNE  1917.« 

[Preamble.] 

We,  the  representatives  of  the  people  of  Costa  Rica,  having  legiti- 
mately assembled  to  revise  the  political  Constitution  and  to  proceed 
to  the  total  reformation  thereof,  in  order  to  secure  upon  solid  bases 
the  common  welfare  and  the  benefits  of  liberty,  and  of  a  government 
adapted  to  the  general  necessities  and  conveniences,  decree  and  sanc- 
tion the  following  political  Constitution. 

Chapter  I. — The  Republic  and  the  Government  in  General. 

Article  1.  Costa  Rica  is  and  shall  remain  a  free  and  independent 
Republic. 

It  may,  however,  form  a  single  political  unit  with  one,  several,  or 
all  of  the  other  Republics  of  Central  America. 

^  English  translation  in  BHilsh  and  Foreign  State  Papers,  35  :  pp.  44-73. 

'  Englisb  translation  in  British  and  Foreign  State  Papers,  37  :  pp.  777-793. 

'  English  translation  in  British  and  Foreign  State  Papers,  50  :  pp.  1092-1111. 

*  English  translation  in  British  and  Foreign  State  Papers,  59  :  pp.  216-235. 

^  English  translation  of  Constitution  of  7  Deceml)er  1871  in  British  and  Foreign 
State  Papers,  03  :  pp.  294-313.  Spanish  text  of  Constitution  of  1871  with  amendments 
to  1905  in  Paul  Posener,  Die  Staatsrcrfassungen  des  Erdhalls  (Charlottenburg,  1909). 
pp.  loOO-lli:^  ;  the  same  with  English  translation  in  parallel  columns  in  J.  I,  Rodrku.ez, 
American  Constitutions,  vol.  i   (Washington.  100(5).  pp.  ^26-857. 

« English  translations  of  the  amendments  of  20  April  1882  and  12  May  1897  are 
in  British  and  Foreign  State  Papers,  73  :  pp.  008-009,  and  89  :  p.  1129,  respectively. 

^  This  introductory  paragraph  is  based  upon  F.  R.  Daukste  et  P.  Daueste,  Lcs  Con- 
stitutions modernes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  560-567. 

^Translated  by  Antonio  M.  Oi'Is.so  from  the  official  Spanish  text  as  printed  in  La 
Gaceta  of  13  June  1917. 

Ill 


112  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

The  treaties  of  union  which  maj^  be  concluded  for  this  purpose 
shall  be  submitted  to  Congress  at  the  next  ordinary  session;  should 
Congress  approve  said  treaties  by  a  vote  of  two  thirds  of  the  members 
I^resent,  it  shall  issue  a  call  to  the  towns  of  the  Republic  to  elect  a 
Constituent  Assembly  for  the  sole  purpose  of  ratifying  or  rejecting 
them. 

Should  the  Assembly  ratify  said  treaties  by  a  vote  of  three  fourths 
of  the  total  number  of  its  members,  they  shall  become  final  and  bind- 
ing on  the  Republic.  In  this  event  it  belongs  to  the  Assembly  to  dic- 
tate the  necessary  laws  for  executing  and  carrying  out  said  treaties. 

Art.  2.  The  sovereignty  resides  essentially  and  exclusively  in  the 
nation,  from  whom  public  powers  emanate,  which  powers  are  limited 
and  must  be  exercised  in  accordance  with  the  provisions  of  this  Con- 
stitution. 

Art.  3.  No  public  authority  shall  validly  enter  into  compacts, 
agreements,  or  treaties  wdiich  may  jeopardize  the  sovereignty  and  in- 
dependence of  the  Republic.  Whoever  is  guilty  of  this  attempt  shall 
be  held  as  a  traitor. 

The  foregoing  provision  shall  not  prevent  public  treaties  from  being 
concluded  and  approved  for  a  political  union  as  provided  for  in  Ar- 
ticle 1 ;  nor  treaties  to  modify  the  boundaries  of  the  national  territory ; 
nor  those  providing  for  the  construction  of  any  inter-oceanic  canal 
which  may  affect  the  sovereignty  over  a  part  of  the  territory;  nor 
treaties  for  the  alienation  of  any  island  belonging  to  the  State,  situ- 
ated at  a  distance  of  over  one  hundred  miles  from  the  coast. 

In  order  that  the  treaties  which  may  be  concluded  for  any  of  the 
last  three  mentioned  purposes  may  become  valid,  they  shall  be  sub- 
mitted to  Congress  at  tAvo  different  terms  of  session,  whether  ordi- 
nary or  extraordinary,  with  an  interval  of  two  months  at  least  be- 
tween each  term,  and  must  be  approved  by  a  vote  of  three  fourths  of 
the  total  number  of  its  members. 

Railways  and  tramways  belonging  to  the  State  and  devoted  to  the 
public  service  can  not  be  alienated.  Neither  can  they  be  leased  out 
unless  a  law  should  provide  so  in  each  case  by  a  vote  of  two  thirds  of 
the  respective  chamber. 

Art.  4.  The  government  of  the  Republic  is  popular,  representative, 
alternative  and  responsible. 

It  shall  be  vested  in  three  different  powers  independent  of  each 
other,  to  be  know^n  as  the  legislative,  the  executive  and  the  judicial 
powders. 

The  legislative  power  shall  never  grant  omnimodous  powers  to  the 
executive,  or  delegate  to  it  the  pow6r  to  legislate;  nor  shall  the  legis- 
lative or  the  executive  power  in  any  case  exercise  judicial  functions 
(except  as  provided  for  in  the  case  of  the  Senate  sitting  as  a  court  for 
political  trials),  nor  take  jurisdiction  on  pending  cases  or  ask  for 


COSTA  RICA.  ll'B 

these  to  be  brought  before  them  ad  ejfectum  videndi^  nor  cause  the 
reopening  of  finished  cases. 

Art.  5.  The  territory  of  the  Republic,  which  is  situated  between  the 
Atlantic  and  Pacific  Oceans,  is  bounded  on  the  northwest  by  the  Re- 
public of  Nicaragua,  from  which  it  is  separated  by  the  line  estab- 
lished in  the  Treaty  of  Caiias-Jerez  of  15  April  1858,  and  by  Cleve- 
land's Award  of  22  March  1888.  It  is  bounded  on  the  southeast  by 
the  Republic  of  Panama,  from  which  it  is  separated  by  the  line  estab- 
lished by  Loubet's  Award  of  11  September  1900,  the  Anderson-Porras 
Treaty  of  17  March  1910  and  by  White's  Award  of  12  September  1914. 

Art.  6.  No  one  shall  assume  the  title  of  sovereign,  and  whoever 
should  do  so  shall  be  prosecuted  in  accordance  with  the  Penal  Code. 

No  authority  shall  assume  powers  not  granted  to  it  by  law. 

Public  officials  are  not  owners,  but  mere  depositories  of  authority. 
They  are  subject  to  the  laws;  they  shall  never  be  considered  or  held 
as  superior  to  them,  and  they  are  directly  and  immediately  responsible 
for  the  acts  they  may  execute  in  the  exercise  of  their  functions.  The 
action  to  accuse  them  shall  be  popular. 

No  venal  employments  are  recognized. 

Art.  7.  All  orders  emanating  from  the  legislative  or  executive 
powers  which  are  contrary  to  the  Constitution  shall  be  null  and  void 
and  without  effect,  whatever  be  the  form  in  which  they  may  be  issued. 
Courts  of  justice  shall  not  obey  or  apply  them  in  any  case. 

All  acts  of  those  usurping  public  powers,  and  all  employments  given 
without  the  requirements  demanded  by  the  Constitution,  or  in  default 
thereof,  without  the  requirements  provided  by  law,  shall  also  be  null 
and  void. 

Art.  8.  The  Roman  Catholic  Apostolic  religion  is  the  religion  of  the 
State.  The  State  shall  contribute  to  its  support  without  thereby  pre- 
venting the  free  exercise  of  any  other  form  of  worship  which  does 
not  oppose  universal  morals  or  good  customs. 

The  declaration  referred  to  in  this  article  does  not  affect  existing 
legislation,  nor  hinder  in  any  way  the  freedom  of  action  of  public 
powers  in  regard  to  any  national  interests. 

Art.  9.  Primary  education  shall  be  obligatory  and  gratuitous. 

The  State  shall  take  charge  of  the  public  primary  schools  as  well 
as  of  normal  schools. 

Primary  schools  which  are  supported  by  private  individuals  shall 
bo  under  the  supervision  of  the  government. 

The  State  shall  maintain  the  institutions  for  secondary  education 
now  in  existence,  and  has  the  power  to  create  other  centers  of  the 
same  character  and  to  contribute  to  their  support  and  to  that  of  pro- 
fessional schools  which  may  be  established  either  by  public  or  private 
initiative.     It  has  likewise  the  power  to  reestablish  the  University. 


114  CONSTITUTIONS   OF  THE   STATES  AT  WAE. 

All  Costa  Ricans  or  foreigners  are  free  to  give  or  receive  tht 
instruction  which  they  may  deem  convenient  in  those  establishments 
which  are  not  supported  by  public  funds. 

Art.  10.  It  is  the  duty  of  the  State  to  look  after  the  welfare  of  the 
working  classes,  and  for  this  purpose  it  shall  enact  all  necessary 
laws;  in  default  of  social  initiative  it  shall  promote,  and  in  all 
cases  it  shall  support  to  the  extent  of  its  resources,  such  institutions 
as  may  have  for  their  object  to  harmonize,  on  the  basis  of  justice,  the 
relations  between  patrons  and  workmen,  and  those  which  tend  to 
meliorate  the  financial  status  of  the  latter  and  to  assist  them  in  case 
of  illness,  old  age  or  accident,  cessation  of  work  or  other  misfortunes 
independent  of  their  will. 

Art.  11.  Every  public  official  shall  take  an  oath  in  accordance  with 
the  following  formula :  J 

Do  you  swear  before  God,  and  do  you  promise  to  your  country  to  observe  and   ■ 
defend  the  Constitution  and  tbe  laws  of  the  Republic,  and  to  faithfully  fulfill 
the  duties  of  your  office? 

I  do. 

If  you  do  so,  may  God  help  you;  if  not,  may  He  and  the  country  demand  it 
from  you. 

Art.  12.  The  military  force  is  subordinated  to  the  civil  power;  it 
is  essentially  passive  and  must  never  deliberate. 

Chapter  II. — Individual  Guarantees. 

Art.  13.  All  men  are  equal  before  the  law. 

The  State  does  not  grant  nobility  titles  or  hereditary  prerogatives 
or  honors,  nor  does  it  recognize  those  granted  by  another  nation. 

It  does  not  admit  in  any  form  the  institution  of  slavery.  The 
slave  who  arrives  at  Costa  Rican  territory  shall,  by  that  very  fact^ 
be  held  and  treated  as  a  free  man. 

Art.  14.  No  law  shall  be  given  retroactive  effect  to  the  prejudice 
of  any  person  or  of  his  vested  rights. 

Art.  15.  The  right  of  property  is  inviolable,  and  no  one  shall  be 
deprived  of  his  property  except  by  virtue  of  a  judicial  decree,  and 
for  reasons  of  public  utility  judicially  declared,  and  after  payment 
of  the  actual  value  of  both  the  property  and  the  resulting  damages 
which  may  be  proved,  all  as  appraised  by  experts. 

In  case  of  war  or  of  internal  disturbances,  and  only  for  the  pur- 
pose of  attending  to  the  national  defense  or  to  the  restoration  oi 
public  order,  the  administrative  authority  shall  declare  the  need  of 
expropriation  without  previous  indemnity.  In  this  event  real  prop- 
erty shall  be  temporarily  occupied  only  for  military  purposes  or  to 
devote  the  proceeds  thereof  to  the  need^  of  the  army.  The  State  is 
always  liable  for  the  expropriations,  which  the  executive  may  make, 
either  by  himself  or  through  his  agents; 


COSTA  RICA.  115 

No  law  shall  provide  that  private  property  shall  become  the  prop- 
erty of  the  State  in  case  that  the  owner  thereof  should  have  given  it 
an  inexact  value  for  the  purpose  of  taxation,  and  that  the  State, 
either  by  itself  or  through  a  third  party,  may  offer  to  take  it  for  the 
appraised  value  and  a  premium. 

Mines  may  be  claimed  even  on  private  land,  but  they  shall  not  be 
worked  or  adjudicated  without  previous  payment  to  the  owner  of 
the  surface  for  the  value  of  the  land  to  be  occupied  and  the  damages 
resulting  therefrom,  as  the  authorities  may  order  and  experts  may 
appraise. 

Art.  16.  Xo  one  shall  be  prevented  from  engaging  in  any  profes- 
sion, industry,  commerce  or  work  he  may  desire,  provided  they  are 
lawful.  This  right  shall  only  be  restricted  by  a  judicial  decree  when- 
ever the  rights  of  a  third  party  are  impaired  or  by  an  administrative 
order  issued  in  accordance  with  the  law,  whenever  the  public  security 
or  health  or  the  interests  of  the  nation  demand  it. 

The  law  shall  determine  what  professions  require  a  degree  and 
what  conditions  must  be  fulfilled  in  order  to  obtain  said  degree. 

Foreigners  may  engage  in  the  liberal  professions  provided  Costa 
Ricans  enjoy  the  same  rights  in  their  respective  countries. 

Art.  17.  No  person  shall  be  imprisoned  for  debts  of  purely  civil 
character. 

Art.  18.  Private  actions  which  do  not  affect  public  order  or  morals 
or  which  do  not  result  to  the  injury  of  a  third  party  are  beyond  the 
pale  of  law. 

Art.  19.  No  one  shall  be  molested  or  prosecuted  for  any  act  which 
does  not  violate  the  law,  nor  for  any  written  or  spoken  statement 
of  his  political  opinions.  Nevertheless,  neither  clergymen  nor  lay- 
men shall  in  any  manner  make  political  propaganda  invoking  motives 
of  religion  or  making  use,  as  a  means  for  such  propaganda,  of  the 
religious  beliefs  of  the  people. 

Art.  20.  No  one  shall  do  justice  by  himself,  or  execute  any  acts 
of  violence  to  enforce  his  rights.  The  power  to  judge  civil  and 
criminal  cases  belongs  exclusively  to  the  tribunals  of  justice. 

Art.  21.  All  Costa  Ricans  or  foreigners  must  apply  to  law  to  seek 
redress  for  the  injuries  or  damages  which  they  may  have  suffered  in 
their  person,  property,  or  honor.  Prompt  and  full  justice  must  be 
dealt  in  strict  conformity  with  the  laws. 

Courts  of  justice  shall  not  be  excused  from  exercising  their  author- 
ity on  the  ground  of  lack  of  legal  provision,  which  may  settle  the 
litigation  or  conclude  the  case  submitted  to  their  decision.  If  there 
is  no  law  applicable,  they  shall  apply  the  general  principles  of  law 
and  of  eternal  justice. 


116  coxstitutio:n'S  of  the  states  at  war. 

Art.  22.  All  Costa  Eicans  or  foreigners  have  the  right  to  terminate 
their  civil  suits  by  means  of  arbiters  before  or  after  having  started 
legal  proceedings. 

Art.  23.  The  same  judge  shall  not  sit  in  different  stages  {instan- 
cias)  in  the  same  case. 

Art.  24.  No  penalty  shall  be  imposed  which  has  not  been  provided 
previously  for  the  crime  or  misdemeanor  of  which  one  may  be  guilty. 

All  penalties  are  personal.  No  torture,  infamous  penalties  or  con- 
fiscation of  ]Droperty  shall  be  imposed.  The  latter  provision  does  not 
prevent  confiscation  of  the  instruments  or  objects  used  in  the  com- 
mission of  the  crime. 

Art.  25.  No  one  shall  be  tried  by  a  specially  appointed  commission, 
court  or  judge,  except  by  the  court  designated  and  previously  estab- 
lished by  law. 

Only  those  who  are  guilty  of  the  crime  of  sedition  and  rebellion 
and  the  members  of  the  army  who  are  in  active  service  shall  be  sub- 
ject to  military  jurisdiction  for  crimes  of  any  kind  which  they  may 
commit.  Those  armed  bodies,  which,  according  to  the  law,  are  mili- 
tarily regulated  are  to  be  considered  as  military  bodies. 

Ordinary  courts  shall  take  cognizance  of  appeals  and  writs  of  error 
which  may  be  taken  or  brought  in  military  cases.  Any  judgment  or 
order  dismissing  a  case  can  always  be  taken  up  in  consultation. 

Art.  26.  No  one  shall  be  compelled  to  testify  against  himself  in  a 
criminal  case  brought  against  him.  Nor  shall  his  spouse,  descend- 
ants, ascendants,  brothers  by  blood  or  affinity  be  compelled  to  testify 
against  the  accused. 

Art.  27.  No  penalty  shall  be  imposed  w^ithout  the  accused  having 
been  heard  and  convicted  by  a  court,  and  until  the  judgment  ren- 
dered by  a  competent  judge  or  authority  imposing  such  penalty  has 
become  final. 

Physical  constraint  in  civil  matters  is  excepted. 

Art.  28.  Criminal  procedure  laws  must  secure  in  an  efficient  manner 
the  right  of  defense  of  the  accused,  and  consequently,  the  right  to 
have  his  plea  heard,  to  have  his  proofs  admitted  and  to  be  defended 
by  the  person  he  may  choose,  and  in  default  thereof,  by  a  person  ap- 
pointed by  the  court. 

Art.  29.  Human  life  is  inviolable. 

Art.  30.  No  one  shall  be  arrested  without  information  that  he  hi 
committed  an  offense  and  without  written  order  from  a  judge  oi 
authority  entrusted  with  the  preservation  of  public  order,  excepj 
when  the  accused  has  been  declared  a  fugitive  from  justice. 

A  person  caught  in  the  act  may  be  arrested  without  previous  ordei 
by  any  person  for  the  sole  purpose  of  bringing  him  before  the  compe- 
tent authority. 


COSTA  RICA.  117 

No  person  shall  be  kept  under  arrest  for  more  than  three  days 
without  a  formal  warrant  of  arrest  stating  the  crime  which  is  im- 
puted to  the  person  arrested  and  the  place,  time  and  circumstances 
thereof,  and  all  the  facts  brought  out  by  the  summary  investigation. 
.  Wardens  of  prisons  shall  not  receive  any  one  as  a  prisoner  without 
noting  down  in  the  register  book  the  warrant  of  arrest  emanating 
from  the  official  who  has  the  power  to  issue  it.  They  may,  however, 
receive  as  detention  prisoners,  those  who  are  brought  in  to  be  pre- 
sented to  the  judge  or  competent  authority,  but  they  are  obliged  to 
report  to  the  latter  within  twenty-four  hours. 

Art.  31.  Every  inhabitant  of  the  Republic  is  entitled  to  the  writ 
of  habeas  corpus. 

Art.  32.  All  persons  may,  in  times  of  peace,  enter  or  leave  the  Re- 
public, travel  through  its  territory  and  change  their  residence. 

The  exercise  of  this  right  of  free  locomotion  is  subject  to  the 
powers  of  the  authority  in  cases  of  criminal,  civil  or  police  liability, 
and  to  the  provisions  of  the  law,  in  so  far  as  it  relates  to  emigration, 
immigration  and  general  health  or  the  administrative  expulsion  of 
non-desirable  foreigners. 

Art.  33.  The  dwelling  of  the  inhabitants  of  the  Republic  is  an  in- 
violable asylum  which  shall  only  be  entered  in  the  special  cases  des- 
ignated by  law,  and  by  virtue  of  an  order  emanating  from  the  proper 
authority. 

Art.  34.  Postal  and  telegraphic  correspondence  is  inviolable. 

Private  letters  and  papers  shall  only  be  intercepted,  taken  or  reg- 
istered by  public  officials  through  an  order  emanating  from  the 
l^roper  authority  in  such  cases  and  under  such  formalities  as  are  es- 
tablished by  law,  and  for  the  sole  purpose  of  procuring  legal  evidence 
to  be  presented  in  criminal  cases  which  are  not  of  a  political  nature. 
Papers  or  private  letters  which  are  procured  by  any  other  means 
shall  not  constitute  valid  proof. 

Art.  35.  Any  one  may  communicate  his  thoughts  by  spoken  or  writ- 
ten words  or  through  the  agency  of  the  press  without  previous  cen- 
soring, but  shall  be  liable  for  any  offense  committed  in  the  exercise 
of  this  right  in  such  cases  and  manner  as  the  law  may  provide. 

Art.  36.  All  the  inhabitants  of  the  Republic  have  the  right  to  as- 
semble peacefully  and  without  arms,  for  the  purpose  of  engaging  in 
private  business  or  to  discuss  political  matters,  and  examine  the  pub- 
lic conduct  of  government  officials.  In  order  to  assemble  in  the 
streets,  squares,  and  other  public  places,  it  shall  be  necessary  to  give 
notice  to  the  political  authorities  of  the  place,  for  the  puropse  of  pre- 
serving order. 

Art.  37.  The  right  of  petition  may  be  exercised  individually  or 
collectively.     But  no  person  or  number  of  persons  may  take  up  the 


118  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

representation  of  the  people,  assume  its  rights,  or  make  petitions  on 
its  behalf.    Any  one  doing  so  shall  be  guilty  of  sedition. 

Art.  38.  The  individual  guarantees  set  forth  in  the  six  foregoing 
articles  shall  be  suspended  when  the  Republic  is  in  imminent  peril, 
either  by  foreign  aggression  or  by  internal  upheaval.  The  suspension 
shall  extend  to  all  these  guarantees  or  to  one  or  more  of  them,  either 
throughout  the  whole  territory  of  the  Republic  or  only  in  a  part 
thereof,  and  shall  last  not  more  than  thirty  days. 

The  suspension  shall  be  decreed  by  Congress  at  the  request  of  the 
executive,  by  two  thirds  of  the  votes  of  the  members  present. 

The  executive  shall,  in  regard  to  persons,  only  order  their  detention 
in  a  place  not  set  apart  for  common  culprits,  or  decree  their  confine- 
ment in  inhabited  and-healthy  places.  In  no  case  shall  the  executive 
torment  or  vex  them.  He  shall  report  to  Congress  at  its  next  session 
all  measures  taken  to  preserve  public  order  or  maintain  the  security 
of  the  State.  These  measures  shall  cease  immediately  after  the  guar- 
antees are  restored. 

During  the  recess  of  Conari-ess,  the  executive  shall,  in  the  Council 
of  Ministers,  decree  this  suspension  under  the  terms  and  with  the 
limitations  aforesaid,  and  shall  immediately  report  to  the  legislative 
power.  The  decree  of  suspension  in  the  latter  case  shall  amount  to  a 
call  to  Congress  to  convene  at  twelve  o'clock  on  the  day  following 
that  in  which  the  order  has  been  published.  Should  Congress  not 
confirm  this  measure  by  a  vote  of  two  thirds  of  the  members  present, 
the  guarantees  shall  be  considered  reestablished. 

Chapter  III. — Nationality  and  Citizenship. 

Art.  39.  The  following  are  Costa  Ricans,  by  birth  or  origin : 

1.  The  legitimate  children  of  a  Costa  Rican  father,  and  the  ille- 
gitimate children  of  a  Costa  Rican  mother,  wherever  they  may  be 
born. 

2.  The  illegitimate  children  of  a  foreign  mother,  born  in  Costa 
Rica,  and  under  21  years  of  age,  acknowledged  by  a  Costa  Rican 
father  with  the  consent  of  the  mother. 

3.  A  child  born  or  found  in  Costa  Rican  territory  whose  parents 
or  nationality  are  unknown. 

4.  The  legitimate  children  of  a  foreign  father  and  the  illegiti- 
mate children  of  a  foreign  mother  born  in  Costa  Rica,  who,  by  their 
own  will,  register  in  the  civil  registry  after  reaching  the  age  of  21 
years,  or  before  reaching  this  age,  with  the  consent  of  their  father 
or  mother. 

5.  The  inhabitants  of  the  Republic  who  have  acquired  the 
Costa  Rican  nationality  of  origin  in  accordance  with  former  laws, 
and  who  have  not  lost  this  nationality  afterwards  in  accordance  with 
the  law. 


COSTA  RICA.  119 

Art.  40.  The  following  are  naturalized  Costa  Ricans: 

1.  Costa  Ricans  who,  after  having  lost  their  nationality,  recover 
it  in  accordance  with  the  law. 

2.  Foreigners  who  heretofore  should  have  acquired  the  status  of 
naturalized  Costa  Ricans  in  accordance  with  the  law,  and  have  not 
lost  it. 

8.  A  foreign  woman  who  marries  a  Costa  Rican.  She  shall  retain 
her  status  even  if  she  becomes  a  widow. 

4.  Foreigners  of  good  conduct  and  with  known  business  and 
means  of  living,  who  after  having  resided  five  years  in  the  country 
should  obtain  naturalization  papers  in  accordance  with  the  law.  The 
period  of  residence  shall  be  reduced  to  one  year  for  natives  of  any  of 
the  Republics  of  Central  America. 

5.  Foreigners  who  render  or  have  rendered  important  services 
to  the  State,  or  w^ho  are  people  of  great  ability  or  of  great  scientific 
or  artistic  culture,  or  who  bring  with  themselves  interesting  inven- 
tions or  open  great  establishments  of  positive  benefit  to  the  countr}'^ 
shall  obtain  from  the  executive  power  the  Costa  Rican  nationality, 
after  having  resided  one  year  in  Costa  Rica. 

Naturalization  of  a  foreigner  carries  with  it  that  of  his  wife  and 
minor  children  under  21  j^ears.  The  latter  may,  however,  on  reach- 
ing their  tw^enty-first  year,  choose  the  nationality  of  origin. 

Art.  41.  The  following  lose  their  Costa  Rican  nationality : 

1.  Costa  Ricans  who  become  naturalized  in  a  foreign  country. 

2.  Those  who,  without  the  consent  of  the  government,  accept 
titles  or  decorations  conferred  by  a  foreign  government,  unless  said 
titles  are  literary  or  scientific,  in  which  case  they  may  be  freely  ac- 
cepted. 

3.  Those  who,  without  special  permission  from  the  government, 
enter  the  military  service  of  a  foreign  nation  or  enlist  in  a  foreign 
military  body. 

4.  The  illegitimate  child  of  a  Costa  Rican  mother,  on  being  ac- 
iknowledged,  with  her  consent,  by  his  foreign  father,  provided  that 
iby  the  law  of  the  respective  country  said  child  acquires  that  na- 
tionality. 

5.  Any  Costa  Rican  woman  who  marries  a  foreigner.  She  shall 
preserve  her  foreign  nationality  unless,  according  to  the  law  of  her 
husband's  country  she  does  not  acquire  the  latter's  nationality,  since 
in  such  case  she  shall  continue  to  be  a  Costa  Rican. 

6.  He  who  in  any  manner  and  for  any  reason  asks  for  or  pro- 
vokes the  intervention  of  any  foreign  Power  against  the  Republic, 
or  takes  refuge  in  a  legation  or  in  a  w^arship  of  a  foreign  nation  or 
in  any  other  place  protected  by  the  privilege  of  extraterritoriality, 
in  order  to  elude  the  national  law^s  or  authorities.    Costa  Ricans  who 


120  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

lose  their  nationality  by  the  first  of  the  causes  enumerated  in  this 
paragraph  can  never  recover  it. 

Art.  42.  No  citizen  or  subject  of  a  nation  with  which  Costa  Rica 
may  be  at  war,  nor  those  who  have  been  declared  in  other  countries 
to  be  pirates,  slave  traders,  guilty  of  incendiarism,  counterfeiters  of 
coin,  of  bank  notes,  of  Treasury  notes  or  of  other  documents  of  pub- 
lic credit,  murderers,  plagiarists  or  robbers,  shall  be  granted  Costa 
Rican  nationality. 

Art.  43.  The  naturalization  of  a  foreigner  shall  become  void  by 
residence  in  his  country  of  origin  for  two  consecutive  years,  imless  he 
resides  therein  in  the  discharge  of  an  official  commission  of  the  Costa 
Rican  government  or  with  the  permission  of  the  latter. 

Art.  44.  The  law  shall  determine  the  means  and  the  manner  by 
which  Costa  Rican  nationality  may  be  recovered. 

Art.  45.  The  following  are  the  duties  of  Costa  Ricans :  to  obey  the 
Constitution  and  the  laws,  to  serve  and  defend  the  country  and  to 
contribute  to  the  public  expenses.  They  are  furthermore  obliged  to 
cause  their  children  or  wards  to  attend  public  or  private  schools  in 
order  to  obtain  primary  elementary  education,  during  the  time  which 
the  law^  may  designate. 

Art.  46.  Costa  Rican  citizens  are  all  male  persons  who,  besides 
having  the  status  of  Costa  Ricans  have  the  following  requisites : 

1.  To  have  reached  the  age  of  21  years,  or  of  20  years  if  they 
have  a  professional  title  recognized  by  the  State. 

2.  To  own  some  property  or  to  have  some  honest  trade,  the  pro- 
ceeds or  profits  of  Avhich  may  be  sufficient  to  support  them  in  relation 
to  their  social  standing. 

3.  To  be  registered  in  the  civil  registry  of  the  district  where  they 
are  domiciled. 

4.  Beginning  from  1  January  1927,  in  order  to  be  a  Costa  Rican 
citizen,  it  shall  be  required  furthermore  to  know  how  to  read  and 
write,  or  to  have  registered  property  to  the  value,  at  least,  of  500 
colons,  or  to  be  over  50  years  of  age. 

Art.  47.  Citizenship  is  lost  together  with  Costa  Rican  nationality. 
The  exercise  of  citizens  rights  may  be  suspended,  lost  and  recovered 
for  the  causes  designated  by  law\  ; 

Art.  48.  Those  who  have  lost  their  citizenship,  except  in  case  of 
treason  to  the  country,  may  have  their  rights  restored  by  the  execu- 
tive, when  a  petition  for  this  grace  is  legally  founded. 

Art.  49.  Foreigners  enjoy  in  the  territory  of  the  nation  the  samoi 
civil  rights  as  the  citizens,  and  they  may  exercise  them  as  the  na- 
tionals. 

They  are  under  obligation  to  contribute  to  the  public  expenses  in 
the  manner  provided  by  law,  but  not  to  pay  extraordinary  obligatory 
taxes. 


COSTA  RICA.  121 

They  are  exempt  from  military  duty.  Those  who  are  domiciled  in 
the  coimtry  are  obliged,  however,  to  do  police  duty  in  abnormal  cases, 
when  the  security  of  the  property  or  the  preservation  of  order  in  the 
same  town  where  they  live  so  defnand  it,  subject  to  the  exceptions  in 
regard  to  this  provision  stipulated  in  the  treaties  which  Costa  Rica 
may  have  concluded  Avith  the  respective  countries. 

Foreigners  must  obey  and  respect  the  institutions,  laws  and  au- 
thorities of  the  country,  and  submit  themselves  to  the  findings  and 
judgments  of  the  courts,  without  making  use  of  any  other  recoui^es 
than  those  granted  to  citizens  by  the  laws. 

They  do  not  enjoy  political  rights  and  must,  on  the  contrary, 
refrain  from  participating  in  any  manner  in  the  political  matters 
of  the  country. 

Notwithstanding  the  aforesaid  provisions,  the  government  may 
expel,  in  accordanc*e  with  the  law^,  any  foreigner  whose  permanent 
residence  in  the  country  may  be  deemed  inadvisable. 

Chapter  IV. — SurFRA.GE. 

Art.  50.  Suffrage  is  an  essentially  political  function  and  belongs 
exclusively  to  the  citizens  in  the  exercise  of  their  rights ;  the  act  of 
voting,  being  personal,  may  only  be  executed  by  a  citizen  who  has 
himself  the  right  to  do  so. 

Art.  51.  Direct  suffrage  shall  be  exercised : 

1.  By  citizens  domiciled  in  each  district,  to  elect  a  municipal 
syndic  and  substitute. 

•2.  By  citizens  domiciled  in  each  district,  to  elect  an  intendant 
and  municipal  alderman  as  well  as  their  respective  substitutes. 

3.  By  citizens  domiciled  in  each  province,  to  elect  deputies  and 
senators  and  their  substitutes. 

The  election  which  embraces  three  or  more  functionaries  of  the 
same  kind  shall  be  made  by  the  system  of  proportional  representa- 
tion. 

Art.  52.  Popular  elections  shall  be  held  on  the  first  Sunday  in 
March,  every  three  years,  beginning  from  1922  inclusive.  At  these 
elections  one  half  of  the  senators,  one  half  of  the  deputies  and 
one  half  of  the  aldermen,  as  well  as  the  municipal  syndics  and  in- 
tendants,  shall  be  elected. 

Art.  53.  To  exorcise  the  right  to  vote  it  is  required  that  the  citizen 
be  provided  with  a  personal  certificate  which  shall  be  given  to 
him  free  of  cost.  On  casting  his  vote  it  must  be  noted  in  this  cer- 
tificate that  the  citizen  to  whom  it  belongs  has  already  voted  in  the 
corresponding  election. 

Art.  54.  No  authority  shall  arrest  any  citizen  or  elector  during  the 
hours  of  voting,  except  in  case  of  flagrante  delicto.    Nor  shall  he  be 
required  to  render  military  service. 
88381—19 9 


122  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

The  public  official,  who  shall  dictate  or  attempt  to  dictate  to  his 
subordinates  or  to  any  voter  the  manner  in  which  he  is  to  vote,  shall 
lose  his  position  and  his  rights  as  citizen  and  shall  be  punished 
according  to  law. 

No  military  forces  shall  be  located  at  the  polls  or  near  them. 
Only  the  president  of  the  board  shall  have  the  right  to  arrange  for 
the  police  service  in  the  voting  precinct  and  its  immediate  surround- 
ings, for  the  maintenance  of  order. 

Art.  55.  The  election  of  deputies,  senators,  municipal  officers, 
intendants,  vice-intendants  and  syndics  shall  be  made  by  direct 
vote  in  accordance  with  the  system  in  force.  The  election  of  Presi- 
dent and  Vice-President  of  the  Republic  shall  be  made  b}^  a  secret 
ballot  by  an  electoral  college  composed  of  the  deputies  and  sena- 
tors both  sitting  and  substitutes,  of  the  sitting  aldermen  of  all  the 
municipalities  of  the  Republic  and  of  all  those  pei^sons  who  have 
occupied  for  a  period  not  less  than  six  months,  the  office  of  President 
of  the  Republic,  Secretary  or  Under-Secretary  of  State,  deputy,  sen- 
ator, or  justice. 

The  election  of  justices  of  the  Supreme  Court  of  Justice  shall  be 
made  by  the  Senate,  choosing  from  among  the  lists  of  three  candi- 
dates which  the  Chamber  of  Deputies  and  the  executive  power  shall 
each  present. 

There  shall  be  a  quorum  for  election  if  three  fourths  of  the 
members  of  the  college  meet;  and  the  person  receiving  the  absolute 
majority  of  the  votes  present  shall  be  considered  elected. 

The  president  of  the  Senate  shall' preside  over  these  electoral  acts; 
in  his  absence,  the  president  of  the  Chamber  of  Deputies,  and  in  the 
absence  of  both,  the  senior  senator  present. 

If,  after  two  ballots,  no  one  should  be  elected  and  more  than  three 
candidates  should  have  been  voted  for,  the  president  shall  order  a  new 
balloting  with  the  understanding  that,  if  on  this  third  ballot  an  abso- 
lute majority  in  favor  of  a  candidate  is  not  obtained,  the  balloting 
shall  be  continued,  limited  only  to  the  three  candidates  who  have 
obtained  the  greatest  number  of  vot^s,  and  thus  the  election  shall 
proceed  for  two  consecutive  times.  For  this  purpose,  and  if  by  rea- 
son of  a  tie,  it  should  be  impossible  to  determine  who  are  the  three 
candidates  with  the  highest  number  of  votes,  the  necessary  name  or 
names  shall  be  eliminated  by  lot  in  order  to  leave  only  three  candi- 
dates on  whom  the  election  shall  proceed. 

If  after  two  ballots  limited  to  three  specified  names  no  electia| 
should  have  been  made,  the  president  shall  order  a  new  voting  tu] 
with  the  understanding  that  if  an  absolute  majority  does  not  resu| 
in  favor  of  one  of  the  candidates,  the  voting  shall  continue  only  as 
the  two  highest  candidates.     Should  it  be  impossible  to  determh 


COSTA  RICA.  123 

who  are  the  two  candidates  obtaining  the  greatest  number  of  votes, 
eitlier  for  the  reason  thjit  all  three  of  them  are  tied,  or  because  two  of 
them  have  the  same  number  of  votes,  one  of  the  names  of  the  three 
candidates  in  the  first  case,  and  of  the  two  candidates  tied  in  the 
second  case,  shall  be  eliminated  by  lot. 

In  the  event  that  the  voting  being  proceeded  with  only  on  specified 
candidates  as  provided  for  in  the  foregoing  paragraphs,  there  should 
appear  on  a  ballot  an  absolute  majority  in  favor  of  a  different  candi- 
date, the  college  shall  declare  elected  the  one  who  under  such  condi- 
tions obtained  said  majority.  But  if  such  majority  should  not  appear, 
the  president  shall  require  the  voters  to  proceed  to  vote  exclusively 
between  the  two  or  three  names  which  are  being  discussed,  and  shall 
apply  to  the  candidate  obtaining  the  greater  number  of  votes  those 
votes  given  to  candidates  not  authorized,  as  well  as  blank  ballots. 

After  the  balloting  has  been  limited  to  two  names,  the  college  shall 
continue  in  permanent  session  until  one  of  them  is  elected. 

After  the  election  of  the  President  has  been  completed,  the  election 
of  the  Vice-President  shall  be  proceeded  with  without  delay  in  accord- 
ance with  the  same  principles  heretofore  explained. 

Art.  56.  The  election  of  the  President  and  of  the  Vice-President 
shall  take  place  on  the  first  Sunday  in  April  of  the  year  in  which  the 
presidential  term  expires.  The  college'  shall  convene  for  that  pur- 
pose at  the  capital  of  the  Republic,  even  without  previous  convoca- 
tion. Should  there  be  no  quorum  on  that  day,  the  election  shall  be 
postponed  to  the  following  day.  At  this  second  meeting  one  half 
of  the  members  of  the  college  shall  be  sufficient  to  constitute  a  quorum. 
Should  no  quorum  be  present  at  that  second  meeting,  the  president 
shall  order  that  the  election  be  proceeded  with  on  the  following  day 
with  any  number  of  persons  present. 

Art.  57.  The  members  of  the  electoral  college  shall  enjoy  im- 
munity from  fifteen  days  before  that  on  which  the  election  of  the 
iPresident  is  to  take  place,  and  while  said  election  has  not  been  ter- 
minated, except  in  cases  of  flagrante  delicto. 

Art.  58.  A  special  law  shall  regulate  the  elections  upon  the  bases 
hereinbefore  outlined  so  as  to  secure  liberty  and  the  order  in  the 
voting. 

Chapter  V. — The  Legislative  Po^\ter. 

Art.  59.  The  legislative  power  shall  be  vested  in  a  Congress  com- 
posed of  two  chambers,  one  of  senators,  and  the  other  of  deputies, 
whose  members,  in  both,  are  elected  directly  by  the  citizens,  and  may 
be  reelected  indefinitely. 

Each  province  shall  be  considered  for  this  purpose  as  an  electoral 
iistrict,  and  shall  elect  a  sitting  deputy  for  every  15.000  inhabitants 


124  CONSTITUTIONS   OF   THE  STATES  AT  WAE. 

or  fraction  thereof  over  7,500;  one  substitute  deputy  for  everj^  three 
and  fraction  of  three  sitting  deputies,  and  a  substitute  senator  for 
every  three  or  remainder  of  three  sitting  senators  corresponding  to  it. 
Even  if  the  number  of  deputies  and  senators  of  a  province  does  not 
reach  the  number  of  three,  a  substitute  shall  always  be  elected. 

In  order  to  determine  the  number  of  sitting  deputies,  attention 
shall  be  paid  to  the  result  of  the  last  official  census,  and  the  most 
recent  figures  given  out  by  the  Department  of  National  Statistics, 
correcting  or  enlarging  the  census. 

There  shall  be  no  elections  by  reason  of  the  increase  in  populatior 
except  every  ten  years. 

Senators  and  deputies,  although  elected  by  provinces,  represent 
the  whole  nation,  and  they  must  consult  only  justice  and  the  common 
welfare.    They  can  not  compromise  their  votes  prematurely. 

Deputies  and  senators  shall,  upon  assuming  office,  take  the  consti- 
tutional oath.  The  President  shall  take  his  oath  before  the  Chamber, 
and  the  deputies  and  senators  before  the  president  of  the  respec- 
tive chamber. 

Art.  60.  To  be  a  deputy  or  a  senator  the  following  requisities 
must  be  filled : 

1.  To  be  a  citizen  in  the  exercise  of  his  rights. 

2.  To  be  a  native  of  the  Republic,  or  naturalized  therein,  and 
have  resided  ten  years  after  having  obtained  naturalization  papers. 

3.  To  know  how  to  read  and  write. 

4.  To  be  the  owner  of  property  of  a  value  of  not  less  than  3,000 
colons,  or  to  have  a  professional  degree  recognized  by  the  State,  or 
an  annual  income  of  1,200  colons,  at  least. 

To  be  a  deputy  it  shall  be  also  necessary  to  be  over  25  years  of  age, 
and  to  be  senator,  over  40  years  of  age. 

Art.  61.  The  following  may  not  be  elected  deputies  or  senators : 

1.  The  President  of  the  Republic  or  any  one  who  exercises  the 
executive  power  at  the  time  of  election. 

2.  The  ministers  of  State. 

3.  The  justices  of  the  Supreme  Court  of  Justice. 

4.  Those  who  exercise  jurisdiction  or  authority  over  the  whole 
province  making  the  election. 

No  one  can  hold  the  office  of  deputy  and  senator  at  the  same  time 
Should  the  same  person  be  elected  for  both  offices,  the  election  im 
senator  shall  prevail.  Should  the  same  citizen  be  elected  deputy 
senator  of  two  or  more  provinces,  he  shall  represent  the  provii 
which  he  may  choose.  A  deputy  may  be  elected  senator,  but  a  senat 
shall  not  be  elected  deputy. 

Art.  62.  Deputies  and  senators  shall  hold  office  for  a  period 
six  years. 


COSTA  RICA.  125 

The  members  of  each  one  of  the  chambers  shall  be  renewed  by 
halves  every  three  years.  The  first  renewal  shall  be  made  by  lot 
in  1922. 

•  Whenever  the  exact  one  half  can  not  be  renewed  because  the  nmn- 
ber  of  sitting  or  substitute  deputies  or  senators  is  odd,  the  half  of 
the  inferior  even  number  shall  first  be  renewed,  and  the  renewal  of 
the  odd  senator  or  deputy  shall  be  left  for  the  following  term. 

Art.  63.  In  order  to  fill  up  the  temporary  or  absolute  vacancy  of  a 
sitting  deput}^,  the  substitutes  of  the  respective  provinces  shall  be 
called  in  the  order  of  their  appointment,  appearing  in  the  act  cor- 
responding to  the  election  of  the  person  whom  they  are  to  replace. 
Should  there  be  no  substitute  at  that  time,  those  elected  in  the  other 
three-year  period  shall  be  called  in  the  same  order. 

This  principle  shall  also  be  observed  when  the  vacancy  of  a  senator 
is  to  be  filled.  In  none  of  the  foregoing  cases  shall  the  fact  of  calling 
a  substitute  to  replace  a  sitting  member  imply  that  his  term  of  office 
shall  exceed  the  period  of  six  years. 

Whenever  the  number  of  substitutes  is  exhausted,  the  respective 
chamber  may  order  that  new  substitutes  be  elected  at  the  next 
renewal  election. 

Art.  64.  The  office  of  deputy  or  senator,  either  sitting  or  sub- 
stitute, is  incompatible  with  that  of  alderman  or  municipal  em- 
ployee, or  with  any  other  salaried  public  office,  function  or  commission 
of  the  same  character.  As  an  exception,  however,  the  office  of 
professor  in  any  school  supported  or  subsidized  by  the  State  shall 
not  be  incompatible,  if  the  appointment  is  made  by  the  board  of 
directors  of  the  school.  No  sitting  deputy  or  senator  or  substitute 
who  is  discharging  the  duties  of  the  sitting  member,  may,  during 
ordinary  or  extraordinary^  sessions,,  accept  from  the  executive  any 
salaried  commission  or  any  employment  dependent  upon,  or  by 
appointment  of  the  executive,  except  the  office  of  minister  of  State, 
or  chief  of  a  diplomatic  mission. 

Whenever  the  chambers  are  not  in  session  the  deputy  or  senator 
may  accept  employment  by  appointment  of,  or  dependent  upon  the 
executive  power. 

Both  during  sessions  and  in  recess,  a  deputy  or  senator  may  freely 
accept  judicial  offices. 

But  in  any  case  in  which  he  should  accept  employment  or  office 
from  any  other  branch  of  the  government  in  the  foregoing  terms, 
he  shall  lose  his  seat  in  the  chamber,  except  when  he  is  appointed 
head  of  a  diplomatic  mission. 

Art.  65.  No  deputy  or  senator,  either  sitting  or  substitute,  shall 
enter,  directly  or  indirectly,  into  any  contract  with  the  public  ad- 
ministration by  virtue  of  which  he  may  enjoy  some  privilege  or 


126  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

concession.  Xor  shall  it  be  lawful  for  him  to  receive  any  amount 
from  the  public  Treasury^,  except  that  allotted  to  the  office  which 
he  discharges,  and  in  its  proper  case,  the  A^alue  of  the  contracts  w^hich 
are  published  in  the  Diario  Oflcial^  or  of  services,  the  payment  of 
Avhich  is  ordered  in  the  same  public  manner.  A  deputy  or  senator 
violating  this  prohibition  shall  ipso  facto  lose  his  seat  in  the  cham- 
ber, and  must  return  the  sums  unlawfully  received. 

Art.  66.  Deputies  and  senators  are  immune  for  the  opinions 
Avhich  they  may  express,  or  the  votes  they  may  give  in  the  discharge 
of  their  duties. 

During  the  sessions  their  property  shall  not  be  attached  to  further] 
legal  civil  proceedings  except  upon  the  deputy's  or  senator's  own 
consent. 

They  shall  not  be  accused,  prosecuted  or  arrested  from  the  time 
they  are  declared  elected  either  as  sitting  or  as  substitute  members 
until  the  expiration  of  their  legal  term  of  office,  except  in  cases  of 
■flagrante  delicto^  and  vmless  the  Chamber  of  Deputies  previously 
authorizes  the  accusation,  and  declares  that  there  is  cause  for  an 
action  against  them. 

A  deputy  or  senator  who  is  arrested  in  fl.agrante  delicto  shall  be 
placed  immediately  at  the  disposal  of  the  Chamber  of  Deputies, 
with  a  summary  record  of  the  case,  so  that  he  may  be  suspended 
from  his  legislative  duties  and  be  delivered  to  the  proper  judge  or  be 
set  free,  as  the  case  may  be.  Should  the  chambers  not  be  in  session,- 
the  deputy  or  senator  shall  be  set  free,  upon  furnishing  bond  of 
from  one  to  five  thousand  colons,  according  to  the  importance  of 
the  offense. 

Art.  67.  The  legislative  chambers  shall  meet  every  year  on  1  May, 
without  need  of  previous  convocation. 

The  ordinary  sessions  shall  last  until  31  July  inclusive. 

They  shall  convene  in  extraordinary^  session  whenever,  by  reason 
of  high  national  interests  they  are  convoked  by  the  executive  power, 
and  they  must  also  convene  in  the  case  provided  for  in  Article  88. 

If,  on  1  May.  Congress  should  be  assembled  in  extraordinary 
session,  the  latter  shall  cease,  and  it  shall  continue  to  consider  in 
ordinary  session  the  business  for  which  it  should  have  been  convoked. 

Art.  68.  The  Senate  and  the  Chamber  of  Deputies  shall  open 
their  ordinal^  and  extraordinary  sessions  at  the  same  time. 

The  Senate,  however,  may  meet  without  the  presence  of  the  Cham- 
ber of  Deputies  for  the  exercise  of  the  powers  given  to  it  in  the  first 
paragraph  of  Article  78. 

If,  after  the  expiration  of  the  ordinary  period,  there  should  remain 
some  accusations  pending  against  the  officials  designated  in  Article 
77,  the  Chamber  of  Deputies  shall  continue  its  sessions  without  the 


COSTA  RICA.  127 

presence  of  the  Senate  for  the  exclusive  purpose  of  declaring  whether 
or  not  the  cliarijes  shall  be  filed. 

Neither  of  the  chambers,  while  working  simultaneously,  ghall, 
without  the  consent  of  the  other,  suspend  its  sessions  for  more  than 
three  days. 

Art.  09.  The  chambei'S  shall  not  open  their  sessions  nor  exercise 
their  legal  functions  without  the  concurrence  of  two  thirds  of  their 
members.  When,  upon  the  arrival  of  the  day  appointed  to  open 
their  sessions,  they  can  not  do  so,  or  in  case  that,  after  the  sessions 
have  been  opened,  they  can  not  continue  on  account  of  a  lack  of 
quorum,  the  members  present,  whatever  be  their  number,  shall  exert 
pressure  on  the  absent  members  in  accordance  with  their  respective 
regulations. 

The  sessions  of  the  chambers  shall  be  public,  except  when  for 
reasons  of  general  convenience,  it  is  agreed  to  consider  some  special 
matter  in  secret  session. 

Art.  70.  The  seat  of  Congress  shall  be  in  the  capital  of  the 
Republic. 

Notwithstanding,  it  may  move  to  another  place  if  so  decided  by 
two  thirds  of  the  votes. 

In  case  of  disturbance  of  the  public  order,  the  chambers  shall  meet 
at  the  place  designated  by  the  president  of  the  Senate. 

Any  meeting  of  the  members  of  Congress  which  takes  place 
outside  of  the  constitutional  requirements,  for  the  purpose  of  exercis- 
ing the  legislative  power,  shall  be  illegal,  and  all  acts  executed  in 
that  manner  shall  be  considered  null  and  void.  The  persons  who 
take  part  in  those  deliberations  shall  be  punished  according  to  law. 

Art.  71.  Each  chamber  shall  draw  up  its  own  convenient  regula- 
tions for  the  order  and  direction  of  its  w^ork  and  for  all  matters 
pertaining  to  its  internal  policing.  The  regulations  shall  not  contain 
any  provision  contrary  to  the  Constitution;  and  once  adopted  they 
shall  not  be  modified  unless  upon  compliance  with  the  procedure 
required  for  all  laws,  excepting  the  sanction  of  the  executive. 

In  accordance  with  its  regulations,  it  may  correct  its  members  and 
impose  on  them  correctional  penalties  including  the  forfeiture  of 
their  salary  and  suspension  up  to  the  period  of  eight  days. 

Art.  72.  Each  chamber  shall  pass  upon  the  credentials  of  its 
members,  and  shall  accept  the  resignations  which  the  latter  may 
present,  if  the  reasons  given  are  just. 

It  shall  elect  yearly  its  board  of  directors.  The  president  must 
possess  the  qualifications  required  for  the  office  of  President  of  the 
Kopublic.  In  case  of  absolute  vacancy  of  one  of  the  members  of  the 
board  of  directors,  the  respective  chamber  shall  designate  a  sub- 
stitute to  fill  his  place  for  the  remainder  of  the  year. 


128  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  73.  The  regulations  of  each  chamber  or  of  Congress  in  joint 
session,  shall  be  passed  by  an  absolute  majority  of  the  votes  present, 
unle^ss  the  Constitution  requires  a  superior  number. 

For  the  latter  case,  and  for  any  other  case  wherein  an  absolute 
majority  is  required,  this  majority  shall  be  constituted  by  one  half 
plus  one,  if  the  total  number  is  even;  should  this  number  be  odd,  a 
unit  shall  be  added,  and  one  half  of  the  resulting  number  shall  con- 
stitute the  absolute  majority. 

In  order  to  fix,  in  the  proper  case,  the  two  thirds  or  the  threid 
fourths,  the  exact  arithmetical  calculation  shall  be  made.  Should  the 
result  be  a  whole  number  and  a  fraction,  the  majority  shall  be  formed 
by  adding  a  complete  unit  instead  of  a  fraction  to  the  whole  number 
of  the  arithmetical  result. 

The  presidents  of  the  chambers  shall  vote  only  in  case  of  a  tie. 

Art.  74.  Each  chamber,  and  Congress  in  the  proper  case,  may 
call  for  the  ministers  of  State  to  give  the  explanations  and  infor- 
mation which  it  may  be  convenient  to  demand  from  them. 

Art.  75.  It  is  forbidden  to  Congress  and  to  each  one  of  its 
chambers : 

1.  To  address  any  exhortative  communication  to  public  officials. 

2.  To  interfere,  either  through  resolutions  or  laws,  in  matters 
which  are  of  the  exclusive  competence  of  the  other  powers. 

3.  To  pass  resolutions  lauding  or  disapproving  official  acts. 

4.  To  demand  from  the  government  information  on  the  instruc- 
tions given  to  the  diplomatic  ministers,  or  a  report  on  negotiations 
of  a  secret  nature. 

5.  To  delegate  in  one  or  several  of  its  members  the  powers  con- 
ferred upon  it  by  this  Constitution. 

Art.  76.  Congress  shall  meet  as  a  single  body  to  exercise  the  fol- 
loAving  powers,  which  are  within  its  exclusive  jurisdiction : 

1.  To  install  the  President  and  Vice-President  of  the  Republic, 
and  the  justices  of  the  Supreme  Court,  except  in  the  case  provided 
for  in  Article  96. 

2.  To  decide  upon  the  resignations  or  the  excuses  which  may  be 
presented  by  said  officials. 

3.  To  decide  upon  any  doubts  which  may  arise  in  regard  to  the 
incapacity  of  the  President,  according  to  Article  91. 

4.  To  approve  or  disapprove  the  treaties  and  public  agreements 
which  the  executive  power  may  conclude. 

5.  To  decide  upon  a  declaration  of  Avar  at  the  request  of  the 
executiA  e  poAver,  or  to  demand  from  him  in  clue  time  the  opening  up 
of  negotiations  for  peace. 

6.  To  decide  Avhether  or  not  the  sessions  are  to  be  removed  to  an- 
other place,  and  to  designate  such  place. 


1 


COSTA  RICA.  129 

7.  To  ^i\  0  or  refuse  its  consent  to  the  entry  of  foreign  troops  into 
r.ational  territory,  or  the  .stationing  of  fleets  in  its  ports. 

8.  To  suspend  the  individual  guarantees,  and  to  take  cognizance 
of  the  suspension  decreed  by  the  executive  power  in  the  case  pro-, 
vided  for  in  Article  38. 

9.  To  deliberate  upon  the  revision  of  the  Constitution  as  ex- 
plained in  Article  124. 

10.  To  approve  or  disapprove  the  laws  which  may  determine,  de- 
clare or  order  direct  or  indirect  taxes. 

In  these  cases,  the  president  of  the  Senate  and  that  of  the  Chamber 
of  Deputies  shall  act  as  president  and  vice-president  of  Congress 
respectively. 

Art.  T7.  The  following  are  the  attributions  of  the  Chamber  of 
Deputies : 

1.  To  enact,  interpret,  modify  and  repeal  the  laws  which  it  may 
dictate. 

2.  To  authorize  the  municipalities,  either  by  a  general  or  a 
special  laAv,  to  establish  local  taxes  or  imposts,  fixing  specifically  in 
the  law  what  property  may  be  taxed,  and  the  maximum  to  be 
reached  in  each  case;  to  arrange  for  the  manner  in  which  the 
municipal  budget  is  to  be  formed  and  liquidated,  and  to  designate 
the  powers  of  the  municipalities,  which  may  be  more  extensive  for 
the  senatorial  districts  of  the  provinces;  and  in  general,  to  publish 
municipal  ordinances  in  accordance  with  bases  laid  down  in  this 
Constitution. 

3.  To  fix  in  each  legislative  period  the  budget  of  expenditures  of 
the  public  administration  for  the  ensuing  year,  and  wherever  neces- 
sary, the  budget  for  extraordinary  expenditures.  In  the  budget  law 
shall  be  stated  the  amount  of  the  floating  debt  w^hich  may  be  created 
during  the  fiscal  year;  and  the  executive  may  within  that  limit 
carry  out  any  credit  transaction.  He  may  also  do  so  in  order  to 
cover  the  expenditures  authorized,  in  case  the  revenues  are  not  suf- 
ficient for  that  purpose.  In  other  cases,  a  legislative  authorization 
shall  be  necessary  to  pledge  the  national  credit ;  this  principle,  how- 

•  ever,  shall  not  impair  the  rights  of  third  parties  acting  in  good 
faith. 

4.  To  fix  at  each  legislative  })eriod  the  maximum  limit  of  the 
:  armed  forces  which  may  be  placed  on  duty  in  times  of  peace,  as  well 

as  the  increase  which  the  executive  may  decree  in  case  of  foreign  war. 
or  of  armed  insurrection. 

5.  To  create  new  districts  upon  the  fulfilhnent  of  the  condition 
required  in  Article  116,  and  to  j)oint  out  their  limits  and  the  limits 
of  the  provinces. 


130  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

6.  To  decree  the  alienation  of  the  property  of  the  nation,  or  the 
application  thereof  for  public  uses. 

7.  To  specially  empower  the  executive  to  negotiate  loans  or  to 
enter  into  other  contracts  upon  mortgage  security  of  the  national 
revenue. 

The  contracts  which  may  be  approved  by  the  chambers  without 
alteration  shall  not  be  vetoed  by  the  executive,  but  they  shall  be  so 
vetoed  if  they  are  amended.  The  amendments  introduced  by  Con- 
gress shall  be  subject  to  acceptance  by  the  interested  party. 

8.  To  fix  the  allow,  weight  and  standard  and  denomination  of  the 
coin,  and  to  arrange  for  a  system  of  weights  and  measures  as  well  as 
to  enact  the  laws  which  must  regulate  banking  institutions  of  all 
kinds. 

9.  To  confer  military  degrees  from  colonel  upAvards. 

10.  To  grant  personal  and  honorary  prizes  to  those  who  have  ren- 
dered great  and  important  services  to  the  Republic,  and  to  decree 
memorial  honors. 

11.  To  examine  the  annual  reports  of  the  ministers  of  State,  and 
the  general  account  of  the  expenses  of  the  Treasury.  The  latter  shall 
first  be  examined  by  a  committee  of  tAvo  of  its  members  selected  one 
bv  each  chamber;  said  chamber  may  demand  from  the  proper  party 
all  kinds  of  explanations  and  vouchers. 

12.  To  promote  whatever  may  form  the  prosperity  of  the  State, 
to  care  especially  for  the  health  and  hygiene  of  the  towns,  and  to  en- 
courage the  study  of  science,  arts  and  trades  as  well  as  immigration, 
agriculture,  industry  and  commerce. 

13.  To  take  jurisdiction  on  the  accusations  which  may  be  brought 
against  the  President  of  the  Republic  or  the  person  acting  as  such, 
against  the  deputies,  senators,  justices  of  the  Supreme  Court  of 
Justice,  or  ministers  of  State,  for  common  offenses  conunitted  by 
them;  and  to  declare  by  a  two-thirds  vote  whether  or  not  there  is 
ground  to  institute  proceedings  against  them.  In  the  affirmative  case, 
it  shall  suspend  the  accused  official  and  shall  place  him  at  the  disposal 
of  the  Supreme  Court  of  Justice  for  trial. 

14.  To  take  cognizance  of  the  accusations  which  may  be  filed 
against  the  aforesaid  officials  for  offenses  involving  liability,  com- 
mitted during  the  exercise  of  their  duties,  and  likewise  to  declare 
Avhether  or  not  there  is  ground  to  institute  proceedings  against  them. 
In  the  affirmative  case,  to  place  the  accused  official  at  the  disposal  of 
the  Senate  for  trial. 

15.  To  take  cognizance  of  the  accusation,s  which  may  be  filed 
within  the  legal  term  against  the  Ex-President  of  the  Republic  or  the 
person  who  has  acted  as  such,  or  against  the  ministers  of  State,  for 
offenses  involving  political  or  official  liability,  in  accordance  with 


COSTA  RICA.  131 

Article  102,  and  likewise  to  declare  whether  or  not  there  is  ground 
to  institute  proceedings  against  them.     In  the  affirmative  case,  it  shall 
place  the  accused  official  at  the  disposal  of  the  Senate  for  trial. 
16.  All  the  other  powers  enumerated  in  this  Constitution. 
Art.  78.  The  following  are  the  attributions  of  the  Senate : 

1.  To  judge  the  functionaries  enumerated  in  the  foregoing  article 
whenever  they  are  accused  by  the  Chamber  of  Deputies  of  offenses 
involving  political  or  official  liability.  Two  thirds  of  the  votes  shall 
be  necessary  to  declare  the  accused  guilty.  No  penalty  shall  be  im- 
posed by  the  Senate  other  than  dismissal  from  office,  temporary  or 
absolute  deprivation  of  political  rights,  or  inability  to  hold  public 
office.  This  provision  shall  not  preA^ent  ordinary  courts  of  justice 
from  enforcing  against  them  any  other  civil  or  criminal  liability 
Avhich  they  might  have  incurred. 

2.  To  pass  upon  the  nullity  of  the  elections  and  the  other  irregu- 
larities of  the  popular  suffrage  and  of  the  electoral  college. 

3.  To  enact  and  order  the  publication  of  the  codes  lacking,  and  to 
decree  the  amendments  of  the  existing  codes. 

4.  To  approve  or  disapprove  the  loan  contracts  which  may  be 
entered  outside  of  the  country,  after  the  contract  has  been  approved 
by  the  Chamber  of  Deputies. 

5.  To  approve  or  disapprove  the  contracts  which  the  government 
may  enter  into,  when  on  account  of  the  nature  and  importance  of  the 
subject  matter  the  executive  power  or  the  Chamber  of  Deputies,  at 
the  request  of  one  third  of  the  votes  of  the  members  present,  considers 
necessary  the  sanction  of  the  Senate. 

G.  To  approve  or  disapprove  any  bill  passed  by  the  Chamber  of 
Deputies,  either  in  the  event  that  the  latter  should  consider  it  con- 
A cuient  to  refer  the  bill  by  the  vote  of  one  third  of  the  members 
present,  or  that  the  executive,  before  sanctioning  said  bill,  should 
refer  it  to  the  Senate  for  review. 

7.  All  the  other  powers  enumerated  in  other  places  in  this  Con- 
stitution. 

Art.  79.  During  the  ordinary  sessions  of  Congress  the  bills  shall 
originate  in  either  of  the  chambers  according  to  their  respective  attri- 
butions, at  the  proposal  of  the  respective  members,  or  in  the  executive 
power  through  the  ministers  of  State. 

.  The  Supreme  Court  of  Justice,  sitting  in  bench,  shall  by  a  majority 
of  votes,  also  propose  the  enactment,  amendment,  or  abrogation  of 
civil,  penal,  and  procedure  laws,  and  of  the  organic  laws  of  the 
'  Courts  of  Justice ;  and  for  this  purpose  submit  to  the  Senate  the 
respective  bill. 

The  bills  submitted  to  the  chambers  may  not  be  signed  by  more 
I  than  two  of  their  members. 


132  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Only  the  executive  power,  through  the  ministers,  shall  submit  bills 
during  the  extraordinary  sessions  provided  they  refer  to  matters 
which  are  included  in  the  decree  of  convocation,  or  in  the  decree  of 
extension. 

Akt.  80.  No  bill  shall  become  a  law  unless  the  following  requisites 
have  been  fulfilled : 

1.  To  have  undergone  in  the  Chamber,  or  in  the  latter  and  in  the 
Senate  as  the  case  may  be,  three  different  debates  on  three  different 
days. 

2.  To  have  been  approved  in  the  Chamber,  or  in  the  latter  and 
the  Senate,  or  in  Congress,  as  the  case  may  be. 

3.  To  have  obtained  the  sanction  of  the  executive  power,  or  be 
within  one  of  the  cases  in  which,  according  to  this  Constitution,  said 
sanction  may  be  taken  for  granted,  or  is  not  necessary. 

Art.  81.  After  the  bill  has  been  approved  by  the  Chamber,  follow- 
ing three  debates,  without  any  amendment,  it  shall  be  sent  to  the 
Senate  for  review  in  the  proper  case,  or  to  the  executive  power  for 
sanction.  Should  the  bill  be  disapproved  in  whole  in  the  Chamber, 
it  shall  not  be  presented  again  until  the  following  legislative  period. 

The  chambers  have  the  reciprocal  right  to  propose  the  amend- 
ments and  alterations  which  they  may  deem  convenient  to  the  bills 
under  consideration,  until  they  come  to  a  final  agreement  as  to  the 
terms  in  which  said  bills  are  to  be  drafted  when  submitted  to  the 
approval  of  the  executive.  Should  both  chambers  consider  it  proper, 
they  may  meet  in  joint  session,  to  discuss  the  points  of  disagreement; 
but  the  voting  on  the  bill  shall  be  made  by  each  chamber  separately. 

Art.  82.  Should  the  executive  power  also  approve  the  bill  passed 
by  one  or  both  chambers,  as  the  case  may  be,  he  shall  affix  thereto 
the  formula,  "  Let  it  be  executed,"  and  shall  cause  the  same  to  be  pub- 
lished as  a  law  of  the  Republic. 

In  the  contrary  case,  and  if  he  does  not  consider  proper  that  the 
Senate  should  revise  it,  he  shall  return  the  bill  to  the  respective 
chamber.  The  order  of  return  shall  be  written  at  the  foot  of  the  bill 
and  signed  by  the  President  of  the  Republic,  and  by  the  correspond- 
ing minister  of  State,  who  shall  furthermore  send  a  detached  state- 
ment of  the  reasons  on  which  the  executive  bases  his  disapproval,  or 
the  changes,  suppressions  or  additions  which  he  desires  to  be  made. 

In  order  that  a  bill  be  considered  objected  to  by  the  executive  power, 
it  is  indispensable  that  it  be  returned  in  the  manner  specified  within 
the  precise  term  of  ten  days  (exclusive  of  Sundays  and  holidays), 
beginning  from  that  in  which  the  bill  has  been  received  by  the  respec- 
tive ministry.  Should  it  not  be  done  within  that  time,  the  executive 
shall  not  refuse  his  approval  or  refrain  from  publishing  it. 


COSTA  RICA.  133 

If,  during  the  said  period  of  ten  days,  the  chambers  should  ad- 
journ, and  the  executive  should  veto  the  bill,  said  bill  must  be  pub- 
lished, together  with  his  veto,  in  the  official  journal,  at  the  latest,  three 
days  after  the  expiration  of  the  time  granted  for  the  veto.  Should  it 
not  be  done,  the  bill  shall  be  considered  as  a  law  of  the  Republic. 

Art.  83.  After  a  bill  has  been  vetoed  by  the  executive  power 
within  the  legal  term,  it  shall  again  be  discussed  in  three  debates  in 
case  the  bill  should  have  been  objected  to  as  a  whole,  or  in  tw^o  de- 
bates if  the  executive  should  have  offered  some  amendments.  Should 
the  chamber  agree  by  a  majority  of  votes  to  the  refusal  of  the 
executive,  the  bill  shall  be  placed  on  file,  and  shall  not  be  presented 
again  until  the  following  legislative  term.  Should  the  chamber  ac- 
cept by  a  majority  of  votes  the  suggestions  made  by  the  executive,  or 
if  by  a  two-thirds  vote  it  should  reject  the  opposition  or  suggestions 
of  the  aforesaid  power,  and  ratify  the  bill  as  it  was  passed,  said  bill 
shall  be  referred  again  to  the  Senate  if  the  ratification  of  the  latter 
is  needed,  where  it  shall  undergo  the  same  procedure  indicated  in 
this  article. 

Should  the  Senate,  in  its  turn,  agree  by  a  majority  of  votes  to  the 
refusal  of  the  executive,  the  bill  shall  be  placed  on  file,  and  shall  not 
*be  presented  again  until  the  following  legislative  period.  Should  the 
suggestions  of  the  executive  be  approved  by  a  majority  of  votes,  or  if 
the  opposition  of  the  suggestions  made  by  the  executive  should  be 
rejected  by  a  two-thirds  vote,  and  the  bill  should  be  ratified  as  it  was 
passed  originally,  it  shall  be  returned  to  the  executive,  who  shall  not 
then  withold  his  approval. 

Art.  84.  If  the  opposition  of  the  executive  is  based  on  the  fact 
that  the  law  is  unconstitutional,  and  the  chambers  should  reenact  it, 
it  shall  be  referred  to  the  Supreme  Court  of  Justice  to  decide  the 
matter  within  ten  working  days.  Should  the  majority  of  all  the  Jus- 
tices of  the  Supreme  Court  decide  that  the  bill  is  constitutional,  it 
shall  be  the  duty  of  the  executive  to  give  it  his  approval.  In  the  con- 
trary case,  the  bill  shall  be  considered  disapproved,  and  shall  be 
placed  on  file. 

xVrt.  85.  Should  the  executive  fail  to  comply  with  his  duty  to  ap- 
prove the  laws  within  the  time  and  in  accordance  with  the  manner 
jDrovided  in  this  Constitution,  the  president  of  the  Senate  shall  ap- 
prove the  same  and  cause  them  to  be  published  in  the  official  journal. 
If  in  spite  of  the  order  of  this  official  the  law  should  not  be  published 
within  forty-eight  hours  in  the  official  journal,  the  publication  shall 
be  made  in  any  of  the  newspapers  of  the  country. 

Art.  86.  The  bills  remaining  pending  at  the  end  of  a  legislative 
period  of  the  chamber  shall  be  considered  as  new  bills  in  the  following 
ordinary  sessions  in  case  that  at  this  second  legislative  period  there 


134  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

should  have  been  a  renewal  of  deputies.  Otherwise,  the  interrupted 
debate  may  be  continued. 

Those  which  at  the  end  of  the  legislative  period  should  be  left 
pending  in  the  Senate,  shall  likewise  be  considered  as  new  bills  in  the 
same  case  of  renewal  of  Senators. 

Art.  87.  The  following  resolutions  shall  not  require  the  approval 
of  the  executive,  and  shall  be  published  without  need  thereof : 

1.  Those  regarding  the  elections  which  must  be  made  in  accord- 
ance with  this  Constitution  or  with  the  international  treaties,  or  with 
their  respective  regulations,  or  those  with  regard  to  the  resignations 
or  excuses  which  may  be  presented. 

2.  Those  that  decree  the  removal  of  their  seat  to  another  place. 

3.  Those  regarding  whether  or  not  there  is  ground  to  institute 
proceedings  against  public  officials,  as  provided  in  Article  77,  or 
those  suspending  or  sentencing  said  officials. 

4.  The  regulations  which  they  might  adopt  for  the  conduct  of 
their  internal  affairs. 

Art.  88.  Every  law  or  decree  of  Congress  shall  be  headed  as  fol- 
lows : 

The  Senate,  the  Chamber  of  Deputies,  or  the  Congress  of  Costa  Rica,  in  the 
use  of  the  powers  granted  to  it  by  the  Constitution  of  the  Republic,  de- 
crees :     *     *     * 

The  president  and  the  secretaries  shall  sign  on  behalf  of  each 
chamber. 

The  President  of  the  Republic  of  Costa  Rica — whereas  the  Chamber  of 
Deputies,  the  Senate,  or  Congress,  has  decreed  as  follows ;  *  *  *  Therefore, 
I  command  that  the  foregoing  law  be  published  and  obeyed. 

The  president  and  the  respective  ministers  of  State  shall  sign. 
Chapter  YL — The  Executive  Power. 

Art.  89.  The  executive  power  shall  be  exercised  by  a  citizen  whose 
title  shall  be  President  of  tlie  Republic,  with  the  indepensable  collabo- 
ration of  the  ministers  of  State,  the  number  of  whom  shall  be  fixed 
by  law. 

The  President  shall  despatch  with  each  minister  the  current  mat- 
ters of  public  business  pertaining,  according  to  law,  to  that  particu- 
lar ministry. 

Bills  to  be  presented  to  the  legislature,  those  received  from  it  for 
sanction,  the  budget  bill,  matters  for  which  this  Constitution  requires 
presidential  sanction,  and  in  general  all  matters  of  great  weight  and 
importance,  shall  be  considered  and  decided  by  the  President  in 
the  Council  of  Ministers. 

Art.  90.  There  shall  be  a  Vice-President  of  the  Republic,  elected 
for  the  same  term  as  the  President,  who  will  serve  during  the  absence, 
temporary  or  permanent,  of  the  President. 


COSTA  RICA.  135 

In  case  of  the  permanent  absence  of  the  Vice-President  of  the 
Republic,  the  president  of  the  Senate,  or  failing  him,  the  president  of 
the  Chamber  of  Deputies  shall  replace  the  President  during  the  tem- 
porary or  permanent  absence  of  the  latter,  and  until  he  returns  to 
office  or  the  pending  presidential  term  ends,  as  the  case  may  be.  If 
the  president  of  the  Chamber  of  deputies  is  called  to  act  as  President, 
during  the  temporary  absence  of  the  president  of  the  Senate,  and 
there  be  occasion  to  replace  the  President  of  the  Republic  by  reason 
of  his  permanent  absence,  he  shall  hand  over  the  Presidency  to  the 
president  of  the  Senate  as  soon  as  the  cause  for  the  latter's  absence 
ceases. 

If  the  absence  of  the  Vice-President  be  temporary  and  should  tem- 
porary or  permanent  absence  of  the  President  occur,  the  president 
of  the  Senate  shall  assume  the  Presidency,  or  failing  him  the  presi- 
dent of  the  Chamber  of  Deputies;  but  when  the  occasion  for  the 
absence  of  the  Vice-President  ceases,  the  latter  shall  be  President. 

The  president  of  the  Senate  or  the  president  of  the  Chamber  of 
Deputies,  when  called  to  the  Presidency  by  law,  shall  continue  therein 
for  the  time  hereinbefore  stated,  even  though  their  respective  ap- 
pointments shall  have  terminated.  If  the  term  of  each  as  senator  or 
deputy  shall  not  have  expired  at  the  time  they  give  up  the  office, 
they  shall  recover  their  seats  in  the  Senate  or  in  the  Chamber,  as  the 
case  may  be,  until  their  terms  end. 

Art.  91.  Should  the  President  die,  the  Vice-President,  or  failing 
him,  his  lawful  successor,  shall  by  right  become  President. 

Should  the  President  resign  his  office  and  his  resignation  be  ac- 
cepted, the  Congress  shall  call  the  Vice-President  or  his  lawful  suc- 
cessor to  the  Presidency. 

Should  the  President  be  suspended  or  deprived  of  his  office,  accord- 
ing to  this  Constitution,  the  Chamber  of  Deputies  when  suspending 
him  or  the  Senate  when  depriving  him  of  office,  shall  call  to  the 
Presidency  the  Vice-President  or  his  lawful  successor. 

When  the  President  shall  have  become  morally  or  physically  unfit 
for  the  office,  the  Congress,  if  it  be  in  session,  or,  if  it  be  adjourned, 
then  as  soon  as  it  be  called  in  session  by  the  Minister  of  the  Interior 
(Ministro  de  Gohernacion)^  within  the  fixed  term  of  three  days,  shall 
consider  the  circumstances  of  the  case  and  decide  whether  the  Presi- 
dency is  to  be  regarded  as  vacant.  Should  it  decide  in  the  affirma- 
tive, it  shall  call  to  the  Presidency  the  Vice-President  or  his  lawful 
successor.  In  default  of  such  a  resolution,  the  Council  of  Ministers, 
presided  over  by  the  Minister  of  the  Interior,  shall  govern. 

Art.  92.  If  the  President  should  become  so  ill  as  to  make  it  diffi- 
cult for  him  to  discharge  his  duties,  he  may  turn  over  the  Presidency 
<to  the  Vice-President  or  his  lawful  successor. 


136  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

When  the  President  shall  decide  to  direct  military  operations  ii 
time  of  Avar  outside  of  the  capital,  he  shall  call  upon  the  Vice-Presi 
dent,  or  failing  him,  his  lawful  successor,  to  take  charge  of  the  othe: 
branches  of  the  government. 

In  no  case  may  the  President  relinquish  his  office  without  permis 
sion  of  the  Senate,  Avhich  shall  then  call  the  Vice-President  or  hi 
lawful  successor,  to  the  Presidency. 

Art.  93.  To  be  President  or  Vice-President  of  the  Eepublic  it  i 
required : 

1.  That  one  be  a  born  Costa  Rican  and  a  citizen  in  the  exercisi 
of  his  rights. 

2.  To  be  over  30  years  of  age. 

3.  To  be  a  layman. 

4.  To  be  the  owner  of  property  worth  5,000  colons,  or  to  have  ai 
annual  income  of  3.000  colons  or  a  professional  title  recognized  b^ 
the  State. 

5.  To  know  how  to  read  and  write. 

Art.  94.  He  is  ineligible  for  the  office  either  of  President  or  Vice 
President  who  is : 

1.  The  ascendant  or  descendant  or  brother,  by  blood  or  affinitv 
of  whoever  shall  be  in  exercise  of  the  functions  of  President  of  th( 
Republic  at  the  time  of  the  electi(m,  or  who  shall  have  exercisec 
them  within  the  year  previous. 

2.  The  titular  or  temporary  Vice-President  who  may  be  in  powe: 
at  the  time  of  the  election  or  who  shall  have  been  in  power  withii 
the  year  previous. 

Equally  ineligible  for  the  office  of  President  is : 

1.  He  who  may  be  minister  of  State  at  the  time  of  the  electioi 
or  shall  have  been  such  within  the  year  previous. 

2.  The  officer  having  military  command  of  a  city  or  district  a 
the  time  of  the  election  or  anyone  who  by  blood  or  affinity  shall  be  hii 
ascendant,  descendant  or  brother. 

The  President  of  the  Republic  shall  not  be  reelected  for  the  tern 
following  his  own,  even  though  he  may  have  resigned  or  in  am^  othei 
way  lost  his  office.  Neither  shall  the  Vice-President  be  elected  foi 
the  term  following  his  own. 

Any  deputy  or  senator  may  be  elected  Vice-President  and  doe: 
not  thereby  lose  his  seat  in  the  chamber,  save  only  for  the  time  h 
may  fill  the  office. 

The  President  and  Vice-President  shall  not  be  related  to  eacl 
other  by  blood  or  affinity,  as  ascendant,  descendant  or  brother. 

Art.  95.  The  President  shall  be  in  office  six  years.  At  the  end  o] 
such  period  he  ceases  by  that  very  fact  to  exercise  his  functions. 

Art.  96.  The  office  of  President  and  that  of  Vice-President  ar( 
obligatory  and  the  President  and  Vice-President  elect  shall  assum( 


COSTA  RICA.  137 

office  on  the  eighth  day  of  May.  On  taking  office  they  shall  take  the 
/ath  required  by  law. 

If  for  any  grave  reason  the  President  be  unable  to  take  the  oath  on 
;he  day  named,  the  Vice-President  shall  act  as  President. 

In  such  case  the  President  elect  shall  take  the  oath  during  the  or- 
linary  session  of  Congress;  but  should  the  impediment  continue  and 
;he  chambers  adjourn,  he  shall  take  the  oath  as  President  before  the 
rice-President  who  is  acting  in  his  stead,  with  the  ceremonies  pre- 
■cribed  for  the  occasion. 

Art.  9T.  The  salary  of  the  President  shall  not  be  increased  or  di- 
ninished  except  for  the  following  term. 

Art.  98.  The  President  shall  not  leave  the  territory  of  the  nation 
*vhile  in  office,  nor  for  a  year  after  the  day  he  has  ceased  therefrom, 
A'ithout  securing  the  permission  of  the  Senate  in  both  cases. 

This  prohibition  applies  to  the  titular  or  temporary  Vice-President 
luring  the  time  he  is  in  office  and  for  the  following  year. 

Art.  99.  The  following  are  the  duties  and  attributions  of  the  Presi- 
lent  of  the  Eepublic,  outside  of  those  enumerated  in  the  other  articles 
)f  this  Constitution: 

1.  To  freely  appoint  and  remove  the  ministers  of  State  and 
rovernors  of  provinces,  and  other  employees  depending  upon  him. 
Co  appoint  and  remove  in  the  Council  of  Ministers  the  diplomatic 
ninisters  and  the  consuls  general  of  the  Republic. 

2.  To  maintain  public  order  throughout  the  territory,  and  to  re- 
;tore  it  wherever  it  has  been  disturbed,  and  to  provide  for  the  in- 
ernal  security  of  the  Republic,  defend  the  independence  and  the 
lonor  of  the  nation  and  the  inviolability  of  its  territory. 

3.  To  declare  war  upon  another  nation  with  the  consent  of  Con- 
gress, without  prejudice  of  the  right  of  repelling  any  foreign  aggres- 
ion  when  urgently  required. 

4.  To  conclude  and  ratify  treaties  of  peace  which  have  been  sub- 
mitted to  the  approval  of  Congress. 

5.  To  assume  the  command  of  the  army  as  commander-in-chief 
hereof,  or  to  delegate  these  functions  when  he  should  deem  it  con- 
enient;  and  to  direct,  whenever  he  may  deem  it  proper,  the  war 
perations  as  such  commander-in-chief. 

C).  To  grant  military  grades  up  to  and  including  that  of  lieu- 
?nant-colonel,  and  to  issue  corresponding  certificates  for  grades 
)nf erred  by  himself  or  by  Congress. 

7.  To  comply  with  and  execute  the  Constitution  and  the  laws,  and 
luse  others  through  its  agents  and  subordinate  employees  to  do  like- 
ise;  and  to  see  that  the  public  officials  who  are  not  subordinate  to  it 
lall  also  comply  with  and  execute  the  said  Constitution  and  laws^ 
pplying  for  that  purpose  to  their  immediate  superiors. 
88381—19 10 


138  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

8.  To  take  care  of  the  exact  collection  and  administration  of 
public  revenues  and  wealth,  and  to  decreee  the  disbursement  thereof, 
in  strict  accordance  with  the  law. 

9.  To  conduct  the  relations  with  other  nations ;  to  receive  diplo- 
matic ministers  and  to  admit  the  consuls  of  others  nations;  to  con- 
clude treaties  and  agreements  with  the  governments  of  the  other 
countries  and  to  exchange  them  after  ratifications,  which  must  be 
given  by  Congress. 

10.  To  grant  naturalization  papers  in  the  cases  authorized  by 
law. 

11.  To  grant  pardons,  commutation  and  reduction  of  sentences 
in  accordance  with  the  law,  likewise  to  reinstate  delinquents  in  their 
rights. 

12.  To  grant  amnesties  and  general  or  special  pardons  for  po- 
litical offenses. 

13.  To  emancipate  minors  in  accordance  with  the  laws. 

14.  To  supply  the  consent  to  contract  marriage  to  those  who 
need  such  consent  by  law.  He  shall  not  supply  the  consent  of  the 
father  nor  that  of  the  mother. 

15.  To  convene  Congress  in  ordinary  session,  and,  in  accord  with 
the  Council  of  Ministers,  to  call  for  extraordinary  sessions  whenever 
the  serious  interests  of  the  State  demand  it.  The  decree  in  the  latter 
case  shall  explain  the  reasons  of  the  convocation  of  the  chambers. 
After  the  latter  have  convened,  he  may  submit  new  matters  to  their 
consideration. 

16.  To  issue  the  instructions  and  regulations  w^iich  may  be  neces- 
sary and  convenient  for  the  prompt  and  proper  execution  of  the  laws, 
without  however  contradicting  or  altering  the  spirit  thereof.  These 
regulations  and  instructions  must  be  discussed  in  the  Council  of 
Ministers. 

17.  To  issue  regulations  for  the  internal  government  of  the 
offices  and  departments  of  the  government. 

18.  To  look  to  the  prompt  and  complete  administration  of  justice 
lending  the  courts,  in  accordance  with  the  law,  all  the  necessary  sup- 
port and  assistance  to  have  their  orders  obeyed  and  executed. 

19.  To  call  upon  the  citizens  and  the  electoral  college  to  hold 
the  elections  which  may  be  necessary  at  the  time  fixed  by  the  Consti- 
tution and  by  law. 

Art.  100.  The  President  must  present  to  Congress  at  the  opening 
of  the  ordinary  sessions  a  written  message  rendering  an  account  of 
the  political  situation  of  the  Republic  and  of  the  general  situation  of 
the  several  branches  of  the  administration.  He  shall  recommend, 
furthermore,  the  adoption  of  measures  which  he  may  consider  im- 
portant for  the  good  conduct  of  the  affairs  of  the  nation  and  for  its 
progress  and  welfare. 


COSTA  RICA.  139 

These  documents,  being  essentially  of  a  political  nature,  must  be 
approved  by  the  Council  of  Ministers. 

Art.  101.  The  President  of  the  Republic  during  his  term  of  office, 
and  the  titular  or  temporary  Vice-President,  while  in  the  discharge 
of  that  office,  shall  not  be  prosecuted  or  tried  for  common  offenses, 
except  after  the  Chamber  of  Deputies  has  declared  that  there  is 
ground  for  prosecution  upon  charges  filed  against  them. 

Art.  102.  The  President,  or  the  person  who  replaces  him.  and  the 
ministers  of  State  are  responsible  for  the  offenses  which  they  may 
commit  in  their  conduct: 

1.  When  they  favor  the  interests  of  a  foreign-  nation  against  the 
independence,  liberty  and  integrity  of  Costa  Rica. 

2.  When  they  interfere  directly  or  indirectly  with  the  elections 
ordered  by  this  Constitution,  or  restrict  the  freedom  to  which  all 
electors  are  entitled. 

3.  When  they  prevent  the  chambers  from  assembling  or  holding 
their  meetings  at  the  time  appointed  by  the  Constitution,  or  re- 
strict the  liberty  and  independence  which  they  should  enjoy  in  all 
their  acts  and  deliberations. 

4.  When  they  refuse  to  publish  or  execute  the  laws  in  those  cases 
in  which  according  to  this  Constitution  they  may  not  refuse. 

5.  When  they  impede  or  hinder  the  courts  from  taking  cogni- 
zance of  cases  falling  under  their  jurisdiction,  or  when  they  restrict 

he  freedom  which  said  courts  should  enjoy,  or  disobey  their  orders. 

6.  When  in  any  other  manner  they  attempt  to  violate  the 
Constitution  or  the  laws,  or  the  lawful  enjoyment  and  exercise  of 
)olitical  or  individual  rights  or  the  constitutional  custody  and  use  of 
he  public  wealth. 

For  these  acts  the}^  shall  be  tried  by  the  Senate  after  the  Chamber 
►f  Deputies,  in  accordance  with  the  provisions  of  Article  77,  has 
leclared  that  there  is  ground  to  institute  proceedings. 

The  ministers  are  liable  for  the  acts  of  the  administration  in  their 
espective  branches  jointly  with  the  President.  The  liability  for  the 
cts  agreed  upon  in  the  Council  of  Ministers  shall  extend  to  all  min- 
sters jointly  with  the  President.  The  ministers  shall  not  be  released 
rom  liability  by  a  verbal  or  written  order  of  the  President,  nor  shall 
hey  save  their  vote  at  the  Council  sessions. 

The  liability  of  the  President  or  of  the  person  acting  as  substitute 
hall  only  be  demanded  when  he  is  in  power,  and  during  the  year 
ollowing  the  date  of  his  separation  from  office.  The  liability  of 
le  ministers  shall  last  while  they  are  in  office  and  for  six  months 
fter  their  separation  therefrom. 

Art.  103.  All  decrees,  acts,  regulations  or  orders  of  the  President 
lUst  be  signed  by  the  respective  minister,  and  shall  not  be  valid  or 


140  CONSTITUTIONS   OF   THE   STATES   AT  WAR. 

obeyed  without  this  requisite.  Only  those  decrees  whereby  ministers 
are  appointed  or  removed  shall  be  signed  by  the  President  alone. 

The  ministers  shall  not  issue  any  decree,  resolution  or  order  by 
themselves,  and  shall  be  held  guilty  of  fraudulent  alteration  {su- 
plantacion)  if  they  communicate  any  act  of  the  President  without 
being  signed  first  by  the  latter  in  the  respective  book. 

Art.  104.  The  ministers  of  State  may  attend  the  sessions  of  either 
one  of  the  chambers  and  take  part  in  the  discussion.  But  they  must 
withdraw  from  the  Hall  of  the  Chamber  before  voting  is  proceeded 
with. 

Art.  105.  No  one  shall  be  minister  of  State  who  is  not : 

1.  A  citizens  in  the  exercise  of  his  rights. 

2.  A  native  or  a  naturalized  citizen  who  has  resided  ten  years  in 
the  country  after  having  obtained  his  naturalization  papers. 

3.  A  layman. 

4.  Over  25  years  of  age  and  of  well-known  morality  and  quali- 
fications. 

No  one  shall  be  minister  who  is  a  contractor  for  public  works  or 
services ;  and  whoever  files  any  claim  for  his  own  interest  shall  cease 
to  be  a  minister  if  at  the  time  of  filing  such  claim  he  holds  such 
office. 

Art.  106.  Within  the  first  fifteen  days  after  the  opening  of  the  or- 
dinary sessions,  the  ministers  must  present  to  Congress  in  writing  a 
detailed  report  of  all  the  work  done  during  the  year  and  of  the  con- 
dition of  the  administration. 

The  Minister  of  Finance  shall  furthermore,  within  the  same  term, 
present  the  project  for  the  budget  for  the  ensuing  calendar  year,  and 
the  detailed  account  of  the  expenses  incurred  during  the  preceding 
calendar  year.  The  items  of  expenses  shall  be  kept  one  by  one  with 
all  their  details,  but  should  there  be  amongst  the  latter  any  one  of  a 
secret  character,  the  publication  of  which  should  be  deemed  inad- 
visable, the  Minister  shall  not  include  it,  but  he  must  give  explana- 
tions, and  show  the  corresponding  voucher  to  the  committee  ap- 
pointed by  Congress  to  examine  the  accounts  of  the  Treasury. 

Failure  to  present  these  reports  and  the  project  within  the  time 
specified,  shall  render  the  defaulting  minister  liable  therefor. 

Art.  107.  All  deliberations  and  resolutions  of  the  President  and 
the  Council  of  Ministers  shall  be  entered  in  the  corresponding  book 
of  minutes  which  shall  be  signed  by  all  present. 

When  the  extreme  gravity  of  any  matter  so  demands  it,  the  Presi- 
dent shall  add  to  the  Council  such  persons  as  he  may  consider  proper 
to  call.  The  resolutions  and  the  votes  shall  be  set  down  in  the 
minutes. 


COSTA  RICA.  141 

Chapter  VII. — The  Judicial  Power. 

Art.  108.  The  judicial  power  shall  be  vested  in  the  Supreme  Court 
of  Justice  divided  into  branch  courts :  one  of  Cassation  with  five  mem- 
bers, and  the  others  of  Appeals  with  three  members  each. 

The  number  of  Courts  of  Appeals  shall  be  determined  by  law  in 
accordance  with  the  needs  of  the  administration  of  justice. 
■     The  justices  shall  be  elected  by  the  Senate  from  among  the  lists  of 
three  candidates  for  each  place,  which  must  be  presented  to  it  sepa- 
rately by  the  Chamber  of  Deputies  and  the  executive  power. 

The  candidates  of  either  list  may  be  the  same  in  whole  or  in  part. 

The  Senate  shall  designate  which  are  the  justices  who  are  to  con- 
stitute each  branch  court,  and  which  of  their  members  is  to  be  their 
president.  The  president  of  the  Court  of  Cassation  shall  be  the 
president  of  the  Supreme  Court. 

The  powers  of  the  Supreme  Court  in  bench  and  those  of  each 
branch  court  shall  be  determined  by  law. 

Art.  109.  The  judicial  power  shall  be  exercised  also  by  the  tribunals 
and  courts  established  by  law,  all  of  which,  whatever  be  their  denomi- 
nation, shall  depend  upon  the  Supreme  Court. 

The  law  shall  mark  the  jurisdiction,  number  and  duration  of  the 
courts  and  tribunals,  their  attributions,  duties,  faculties  and  the  man- 
ner in  which  they  shall  incur  liability. 

The  Supreme  Court  has  the  power  to  appoint  all  officials  who  ad- 
minister justice  under  it  as  well  as  to  appoint  or  remove  the  subordi- 
nate personnel  of  the  branch  courts  and  lower  courts. 

Congress  is  authorized  to  organize  the  jurisdiction  on  governmental 
litigious  matters  {jurisdiccion  eontencioso-adTnimstrutiva). 

Art.  110.  The  office  of  judge  or  justice  is  incompatible  with  that 
of  alderman  or  municipal  employee,  and  with  that  of  employee  and 
subordinate  of  the  other  powers. 

But  the  office  of  professor  of  a  professional  school  supported  or 
subsidized  by  the  State  is  not  incompatible,  if  the  appointment  is 
made  by  the  respective  board  of  directors. 

No  judge  or  judicial  functionary  shall  engage  in  the  profession  of 
law,  or  be  a  solicitor,  except  in  cases  personally  affecting  himself,  his 
spouse,  his  ascendants  or  descendants,  or  brothers,  by  blood  or  affinity. 
Nor  shall  any  judicial  functionary : 

1.  Address  any  communication  to  the  executive  power  or  to  Con- 
gress or  to  public  officials  or  official  corporations,  congratulating  or 
criticising  them  for  their  acts. 

2.  Take  any  part  in  the  political  elections  outside  of  casting  their 
personal  vote. 


142  CONSTITUTIONS   OF  THE  STATES  AT  WAK. 

3.  Take  any  part  in  meetings,  demonstrations  or  any  other  acts  of 
a  political  character. 

The  provisions  of  Article  65  in  regard  to  deputies  and  senators  are 
also  applicable  to  justices. 

Art.  111.  For  the  oiRce  of  justice  the  following  requisites  are  neces- 
sary: 

1.  To  be  a  native  of  the  Republic  and  a  citizen  in  the  exercise  of 
his  rights. 

2.  To  belong  to  the  laity. 

3.  To  be  over  35  years  of  age. 

4.  To  have  a  lawyers'  degree  issued  or  recognized  in  the  country 
by  the  authority  or  corporation  legally  empowered  therefor,  and  to 
have  practiced  his  profession  for  at  least  ten  years,  either  as  an  official 
of  the  judicial  branch  or  as  a  professor  of  law,  or  in  private  practice. 

The  following  shall  not  be  appointed  justices: 

1.  Persons  Avho  are  deaf  or  dumb,  or  those  who  are  physically  or 
mentally  defective. 

2.  Those  who  have  been  sentenced  for  crimes  committed  against 
property,  public  faith  or  good  morals. 

Persons  who  are  related  to  each  other  by  blood  or  affinity,  being 
ascendants  and  descendants  or  brothers,  shall  not  act  as  justices  at 
the  same  time. 

Justices  must  give  a  bond  or  mortgage  security  up  to  the  sum  of 
5,000  colons  before  entering  upon  the  discharge  of  their  duties. 

Art.  112.  Justices  shall  have  the  right  to  remain  in  office  while  they 
discharge  their  duties  well.     They  shall  not  be  suspended  without  a 
previous  declaration  that  there  is  ground  to  institute  proceedings  j 
against  them,  nor  shall  they  be  discharged  except  by  virtue  of  a  judg-  ^ 
ment  rendered  against  them. 

A  justice  who,  while  in  the  discharge  of  his  duties  as  such,  shall 
be  rendered  incapable  of  continuing  in  office  by  reason  of  age  or  ill- 
ness, shall  be  separated  from  the  Supreme  Court  upon  justification  of 
his  case,  and  by  the  vote  of  three  fourths  of  the  total  number  of  its 
members.  A  justice  shall  have  then  the  right  to  receive  a  life  pen- 
sion amounting  to  one  half  of  the  salary  which  he  is  drawing  at  the 
time  of  his  retirement. 

Art.  113.  The  salary  of  the  justices  shall  be  fixed  by  law  every  ten 
years,  and  those  of  the  other  public  officials  who  render  their  service 
in  the  courts  and  other  inferior  tribunals  shall  be  fixed  every  five 
years. 

The  salaries  of  these  officials  shall  not  be  reduced  during  the  period 
for  which  they  were  fixed. 

Art.  114.  Public  officials  who  are  serving  in  the  inferior  courts  or 
tribunals  shall  not  be  suspended  during  their  term  of  office  except 


COSTA  RICA.  14^ 

upon  previous  declaration  that  there  is  ground  for  instituting  pro- 
ceedings against  them;  nor  shall  they  be  dismissed  except  by  virtue 
of  a  final  judgement. 

The  Supreme  Court,  for  grave  reasons,  however,  shall  cancel,  by 
a  vote  of  two  thirds  of  the  total  number  of  its  members,  the  election 
of  any  of  said  officials. 

Art.  115.  In  order  to  fill  accidental  vacancies  of  justices,  the  Sen- 
ate shall  elect  every  two  years  twenty  assistant  justices  who  must 
have  the  same  qualifications  required  for  the  office  of  justice,  and 
w^ho  have  property  of  their  own  to  the  value  of  5,000  colons,  or  an 
annual  income  of  3,000  colons,  and  who  are  not  subalterns,  officials 
oi  the  court  or  employees  of  the  other  branches  of  the  government, 
or  aklermen  or  municipal  employees. 

No  lawyer  shall  sit  as  assistant  justice  in  any  case  of  which  he  is 
in  charge  or  which  he  may  be  defending  before  the  courts. 

Whenever  any  justice  is  to  be  substituted,  either  for  a  specified 
case  or  for  any  length  of  time,  the  Supreme  Court  in  bench  shall 
draw  such  substitute  by  lot  from  among  the  list  of  assistant  justices. 

Whenever  a  vacancy  shall  occur  amongst  the  justices  by  reason 
of  death  or  incapacity,  the  Supreme  Court  shall  report  this  fact  to 
the  executive  power  and  to  the  Chamber  of  Deputies,  in  order  that 
the  Senate  in  its  ordinary  or  extraordinary  session  may  fill  such 
vacancy.  In  the  meantime  the  Supreme  Court  shall  elect  one  of  the 
assistant  justices  to  temporarily  fill  the  vacancy. 

Chapter  VIII. — The  Municipal  Regime. 

Art.  116.  For  the  purposes  of  the  general  administration  of  national 
aflfairs,  the  territory  of  the  Republic  shall  continue  to  be  divided  into 
the  seven  provinces  of  San  Jose,  Alajuela,  Cartago,  Heredia,  Guana- 
caste,  Puntarenas  and  Limon.  The  provinces  shall  be  divided  into 
cantonments  and  the  cantonments  into  districts. 

Hereafter,  no  cantonment  shall  be  created  that  has  not  at  least 
5,000  inhabitants;  neither  shall  a  cantonment  be  created,  if  upon 
dismembering  it  from  the  other  or  others  the  dismembered  canton- 
ment should  not  be  left  with  a  population  of  at  least  6,000  inhabit- 
ants and  sufficient  territory'  for  its  development. 

The  law  creating  a  new  cantonment  shall  designate  its  boundaries 
in  indubitable  manner. 

The  executive  power  shall  issue,  as  soon  as  possible,  the  opportune 
orders  so  that  the  boundaries  of  existing  cantonments  and  provinces 
shall  be  clearl}^  determined.  Should  the  municipalities  concerned 
agree  in  the  total  or  partial  demarcation  of  their  boundaries,  the 
executive  power  shall  approve  the  agreement  and  the  line  agreed  upon 


144  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

by  the  parties  shall  be  considered  as  the  boundary  line.  Otherwise, 
the  disputed  line  shall  be  submitted  to  the  decision  of  the  Chamber  of 
Deputies,  so  as  to  settle  the  question  by  a  law  fixing  the  boundaries 
and  adopting  the  natural  divisions  as  far  as  may  be  practicable. 

Art.  117.  The  management  of  interests  which  are  purely  local  in 
character  shall  be  entrusted  by  each  cantonment  to  a  municipality  and 
an  intendant,  who  shall  be  elected  by  the  citizens  domiciled  in  such 
cantonment  at  least  three  months  before  election. 

Each  municipality  shall  be  composed  of  three  aldermen  in  those 
cantonments  whose  population  does  not  exceed  5,000  inhabitants; 
five  in  those  w^hose  population  exceeds  5,000  and  is  less  than  10,000: 
and  in  those  cantonments  of  over  10,000  inhabitants  there  shall  be  an 
additional  alderman  for  every  10,000  inhabitants  or  fraction  thereof 
exceeding  5.000. 

In  order  to  fill  the  vacancies  of  aldermen,  there  shall  be  elected  at 
the  same  time  as  many  substitutes  as  there  are  sitting  aldermen ;  and 
to  replace  the  vacancy  of  the  intendant,  a  vice-intendant  shall  be 
elected. 

Each  district  shall  furthermore  elect  a  sitting  and  a  substitute 
syndic,  wiiose  main  duty  shall  be  to  represent  before  the  munici- 
I)ality  the  special  interests  of  his  district,  and  to  see  that  the  funds 
of  the  latter  are  used  for  the  needs  thereof,  after  deducting  the  per- 
centage of  general  expenses  for  the  cantonment  which  may  corre- 
spond to  the  district  in  the  proportion  which  its  population  has  to 
the  total  population  of  the  cantonment. 

Art.  118.  The  sitting  and  substitute  aldermen  shall  hold  their  office 
for  six  years,  and  one  half  of  them  shall  be  renewed  ever}^  three  years. 
If  the  number  of  aldermen  is  odd,  the  half  of  the  even  number  result- 
ing after  adding  a  unit  to  the  total  shall  be  renewed  first.  The  alder- 
man or  aldermen  who  are  to  leave  office  after  the  first  three  years  shall 
be  decided  by  lot. 

The  syndics  shall  hold  office  for  three  years,  and  shall  be  elected  by 
the  citizens  of  the  district  at  the  same  time  as  the  aldermen. 

The  office  of  alderman  and  syndic  is  obligatory  and  gratuitous. 
The  law  shall  designate  the  qualifications  wiiich  said  officers  must 
have,  and  the  grounds  wdiich  may  be  alleged  as  excuses  for  declininj 
the  election. 

The  intendant  and  vice-intendant  shall  hold  office  for  three  years, 
and  may  be  reelected.  The  office  of  intendant  is  salaried.  The 
amount  of  the  salary  shall  be  fixed  by  the  municipality  for  the  fol- 
lowing period,  and  shall  not  be  increased  or  diminished  for  the  run- 
ning term  of  three  years. 

The  term  of  office  of  municipal  officials  shall  begin  on  1  May,  on 
which  date  they  shall  enter  upon  the  duties  thereof. 


COSTA  RICA.  145 

Art.  119.  The  muncipality  shall  not  take  any  action  without  the 
presence  of  two  thirds  of  its  members.  The  decisions  shall  be  taken 
by  a  majority  of  the  votes  present.  The  intendant  shall  preside  over 
the  sessions,  but  shall  not  vote. 

The  provisions  regarding  the  substitute  deputies,  as  contained  in 
Article  63,  is  applicable  to  aldermen. 

Art.  120.  The  municipality  has  the  power  to  freely  appoint  and 
discharge  the  heads  of  the  several  departments.  Subalternate  offi- 
cials shall  be  freely  appointed  and  discharged  by  the  intendant  but 
the  municipality  has  the  right  to  disapprove  such  appointments  or 
dismissals. 

The  intendant  is  the  executor  of  the  laws  and  resolutions  of  the 
municipality  on  municipal  matters. 

The  municipality  shall  deliberate  ahd  decide  upon  all  matters  of 
local  interest,  and  it  is  therefore  its  duty  to  take  care  of  the  sanitation, 
to  which  they  must  give  preferred  attention  in  accord  with  the 
Supreme  Board  of  Health,  and  to  take  care  also  of  the  public  com- 
fort, improvement  and  recreation;  of  the  roads,  streets  and  squares 
of  the  cantonment;  of  the  municipal  public  works:  of  the  lighting 
and  water  systems,  neatness,  markets,  sewers,  watermains  and  in 
general  of  everything  that  tends  to  the  progress  and  welfare  of  the 
neighborhood  considei-ed  as  an  administrative  unit  different  from 
that  of  the  State.  All  this  shall  be  done  in  accordance  with  the  gen- 
eral laws  and  the  provisions  of  the  present  Constitution. 

It  shall  dispose  of  all  the  revenues  and  income  belonging  to  it 
according  to  the  law. 

It  may  decree  new  taxes  whenever  there  is  a  law  authorizing  it.  Its 
decree  shall  be  obligatory  to  the  neighborhood  after  it  has  been  ap- 
proved by  the  executive  power,  who  shall  not  refuse  its  approval  if 
the  tax  is  according  to  law,  and  does  not  exceed  the  maximum  which 
the  latter  may  have  fixed  and  must  fix  for  each  item. 

It  shall  attend  to  the  needs  of  the  cantonment  with  its  revenues 
and  income.  No  expenditure  shall  be  authorized  by  the  municipality 
or  by  law^  which  does  not  respond  to  a  real  necessity:  and  the  use  of 
the  public  funds  of  the  cantonments  for  feasts,  celebrations,  recep- 
tions or  other  purposes  foreign  to  those  of  the  nnmicipal  institution 
is  forbidden. 

I  A  general  law  shall  provide  what  may  be  proper  in  regard  to  the 
I  manner  of  forming  and  liquidating  the  municipal  budget.  Every 
three  months  the  intendant  shall  publish  and  cause  to  be  printed  and 
circulated  a  statement  giving  in  detail  the  revenues  and  the  expendi- 
tures: and  he  shall  publish  every  year  in  the  official  journal  a  report 
of  whatever  has  been  done  during  the  preceding  year. 


146  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  121.  The  intendant  shall  propose  to  the  municipality  the 
measures  which  he  may  deem  proper. 

He  may  veto  any  resolution  of  the  municipality  within  the  eight 
working  days  following  the  passage  thereof,  whenever  in  his  opinion 
said  resolution  is  contrary  to  law,  or  is  beyond  the  powers  of  the 
corporation.  Private  individuals  impaired  in  their  rights  may  in 
similar  cases  appeal  from  municipal  resolutions.  The  municipality 
shall  reconsider  its  resolutions  immediately,  and  if  insisted  on,  the 
case  shall  be  submitted  for  final  decision  to  the  executive  power,  who 
shall  consider  and  decide  the  matter  in  question  in  the  Council  of  the 
Cabinet. 

Art.  122.  The  executive  power  shall  take  care  that  the  municipali- 
ties and  intendants  comply  with  their  legal  duties.  Should  he  notice 
any  illegalit}^  in  the  discharge  of  the  duties  belonging  to  such  cor- 
porations or  officials,  he  may  suspend  their  resolutions,  if  so  decided 
in  the  Council  of  the  Cabinet,  and  he  shall  report  this  fact  to  the  Sen- 
ate at  its  next  session,  so  that  the  latter  may  take  the  proper  action  or 
may  determine  the  corresponding  liability. 

Art.  123.  There  shall  be  a  governor  for  each  province,  who  shall  be 
the  agent  for  and  appointed  by  the  executive  power,  with  the  qualifi- 
cations and  attributions  determined  by  law. 

This  official  shall  have  no  authority  over  the  municipality  and  the 
intendant  in  the  exercise  of  the  latter's  office.  He  must,  on  the  con- 
trary, and  as  far  as  not  against  law,  lend  them  his  assistance  and 
collaboration. 

Chapter  IX. — The  Reform  of  This  Constitution. 

Art.  142.  The  present  Constitution  may  be  partially  reformed 
through  a  legislative  act  which  must  be  subject  to  the  following- 
provisions  : 

1.  No  amendment  shall  be  proposed,  considered,  or  decided  upon 
in  extraordinary  sessions. 

2.  No  proposed  amendment  which  has  been  rejected  by  either  one 
of  the  chambers  or  by  Congress  shall  be  again  presented  until  after 
two  years. 

3.  Either  chamber  may  propose  an  amendment  by  three  of  iti 
members,  no  more,  no  less.  The  proponents  must  present  a  reasone( 
statement  together  with  the  draft  of  the  articles,  which  shall  be  pub; 
lished  in  the  official  journal  before  they  are  read  in  the  chamber 

4.  No  proposed  amendment  shall  cover  matters  which  are  noi 
perfectly  connected  with  one  another.  Each  matter  shall  be  the  ob 
ject  of  a  proposed  amendinent  which  may  refer  to  several  articles  o: 
the  Constitution  if  they  supplement  one  another. 

5.  Each  chamber  shall,  before  entering  upon  the  discussion  of  anj 
amendment,  elect  a  commission  of  three  persons,  from  among  its 


COSTA  KICA.  147 

members,  to  report  within  eight  days  whether  or  not  the  amend- 
ment is  advisable.  This  report  shall  be  published  in  the  official 
journal  and  shall  not  be  taken  up  for  debate  until  three  days  after 
its  publication. 

6.  Saving  the  provision  contained  in  Section  10  of  this  article, 
with  reference  to  Congress,  no  amendment  shall  be  considered  validly 
made  until  passed  by  two  thirds  of  the  votes  present. 

7.  After  the  amendments  have  been  presented,  and  their  publica- 
tion and  report  on  the  same  have  been  proceeded  with  as  aforesaid, 
they  shall  be  taken  up  for  debate  on  three  different  days.  Should 
the  chamber  approve  the  amendment,  with  or  without  amendments, 
it  shall  be  referred  to  the  other  chamber  for  review.  Should  this 
not  be  done,  the  proposed  amendment  shall  be  considered  as  rejected. 

8.  The  reviewing  chamber  in  the  same  session,  or,  in  case  of  lack 
of  time,  in  the  session  inmiediately  following,  shall  take  up  the 
proceedings  on  the  amendment.  If  the  chamber,  after  holding  three 
debates  should  agree  to  the  amendment  as  it  was  sent  to  it,  the  record 
shall  be  sent  to  the  executive  power.  Should  the  chamber  reject 
the  amendment  as  a  whole,  said  amendment  shall  be  considered  de- 
feated. Should  the  amendment  be  accepted  in  general,  but  subject, 
in  its  opinion,  to  some  necessary  changes,  said  changes  shall  be  pro- 
posed to  the  chamber  where  the  amendment  originated.  In  such 
case,  should  the  latter  accept  the  changes  after  a  debate,  the  respec- 
tive bill  shall  be  considered  modified,  and  shall  be  forwarded  by  the 
reviewing  chamber  to  the  executive  power,  but  should  said  changes 
be  disapproved,  the  amendment  shall  be  considered  rejected. 

9.  If  in  the  foregoing  cases  the  proposed  amendment  should  be 
referred  to  the  executive  power,  the  President  shall,  in  the  Council  of 
Ministers,  decide  what  he  may  deem  convenient,  and  he  shall  return 
the  record  within  the  first  eight  days  after  the  sessions  for  the  year 
immediately  following  have  opened.  The  resolution  of  the  execu- 
tive and  the  reasons  on  which  his  decision  is  based  shall  be  noted  in 
the  record  of  the  proposed  amendment,  and  the  respective  act  or 
statement  shall  be  signed  by  the  President  and  the  ministers.  This 
document  shall  likewise  be  published  in  the  official  journal. 

10.  Three  days  after  the  report  of  the  executive  has  been  pub- 
lished, the  Congress  shall,  in  joint  session,  begin  to  consider  the 
matter,  Avhich  must  undergo  three  debates  on  such  dates  as  it  may 
designate,  without  need  of  referring  the  report  to  a  new  committee. 
In  the  event  that  the  executive  has  accepted  it  without  change,  or 
should  propose  a  change  accepted  by  Congress,  two  thirds  of  the 
votes  of  deputies  and  senators  present  shall  be  sufficient  to  consider 
the  amendment  ratified.  But  three  fourths  of  the  total  number  of 
deputies  and  senators  shall  be  necessary  to  consider  the  amendment 
passed,  if  the  executive  should  object  to  it  or  should  suggest  changes 


148  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

which  Congress  does  not  accept.  If  m  either  case  the  necessar 
special  majority  should  not  be  obtained,  the  proposed  amendmer 
shall  be  considered  as  rejected. 

11.  If  the  amendment  agreed  upon  in  accordance  with  the  for( 
going  principles  should  refer  to  any  of  the  guarantees  specified  i 
Chapter  II  of  this  Constitution,  said  amendment'  shall  not  be  hel 
valid  if  not  ratified  by  a  majority  of  the  votes  of  a  Constituer 
Assembly  which  shall  be  called  by  Congress  for  that  purpose. 

Art.  125.  Whenever,  according  to  Article  1,  or  to  the  last  articL 
a  Constituent  Assembly  has  to  be  called,  Congress  shall,  within  eigl 
days  following  the  approval  of  the  treaties  or  the  amendments,  pa^ 
a  law  calling  for  an  election  of  deputies,  possessing  the  qualification 
which  this  Constitution  demands  for  the  office  of  senator.  The  ele( 
tion  shall  be  made  by  provinces  at  the  rate  of  one  sitting  deputy  fc 
every  15,000  inhabitants  and  fraction  not  over  (sicf)  7,500,  and  of 
substitute  deputy  for  every  three  and  fraction  of  three  of  the  sittin 
deputies. 

The  Assembly  shall  meet  within  three  months,  at  the  latest,  an 
the  rules  established  by  Article  69  in  regard  to  the  number  necessar 
to  constitute  a  quorum  shall  also  be  applicable  to  the  Assembly.  Th 
provisional  board  of  directors  shall  be  composed  of  the  three  eldes 
deputies  who  shall,  in  order  of  seniority,  fill  the  office  of  presiden 
first  and  second  secretary. 

Chapter  X. — The  Observance  of  This  Constitution. 

Art.  126.  The  present  Constitution,  signed  by  all  the  deputies  i 
the  Assembly,  shall  be  referred  to  the  executive  power  for  its  immc 
diate  publication  and  observance,  without  the  need  of  the  oat' 
formerly  used. 

The  former  Constitution  of  1871,  reenacted  in  1882  and  in  thi 
same  year  by  a  decree  of  the  Constituent  Assembly,  as  well  as  a] 
the  laws  which  thereafter  amended  it,  are  hereby  abrogated: 

Art,  127.  The  existing  laws  shall  continue  in  force  and  shall  b 
obeyed,  in  so  far  as  they  are  not  contrary  to  this  Constitution. 

Art.  128.  In  order  that  the  interpretation  of  any  of  the  provision 
of  this  Constitution  may  be  considered  authentic,  it  is  necessary  tha 
the  same  procedure  and  formalities  prescribed  for  their  revision  b 
observed. 

Art.  129.  Congress,  at  its  ordinary  sessions,  shall  ascertain  whethe 
or  not  this  Constitution  has  been  violated,  and  whether  or  not  th 
liability  of  the  infractors  has  been  enforced ;  and,  in  its  proper  cas€ 
it  shall  take  the  necessary  steps  for  the  punishment  of  the  guilty. 


COSTA  RICA.  149 

TEAXSITORY  PROVISIONS. 

Article  1.  The  first  presidential  term  shall  end  on  8  May  1923,  and 
until  then  the  President  elected  by  the  people  on  1  April  of  the  pres- 
ent year  shall  exercise  the  executive  power  in  accordance  with  the 
Constitution. 

The  budget  to  be  voted  in  1923  shall  show  the  salary  the  President 
shall  receive  for  the  next  six  years  and  for  each  succeeding  term  of 
six  years. 

Art.  2.  The  office  of  Vice-President  of  the  Republic  shall  become 
effective  for  the  term  commencing  on  8  May  1923. 

Meanwhile,  in  regard  to  succession  to  the  Presidency  the  system  of 
designates  shall  be  used  which  was  in  force  under  the  previous 
Constitution. 

Art.  3.  The  Constituent  Assembly  ratifies  the  appointments  of  the 
justices  of  the  Supreme  Court  of  Justice  and  the  assistant  justices,  to 
which  decrees  Xo.  5  of  12  April  and  Xo.  13  of  4  June  of  the  present 
year  respectively  refer. 

Art.  4.  In  order  to  arrange  the  municipal  regime  during  the  transi- 
ion  period  it  is  hereby  ordered : 

1.  That  one  half  of  the  members  of  the  present  municipalities 
>hall  continue  in  office  until  30  April  1919.  The  President  of  the  Re- 
public in  the  Council  of  Ministers  shall  draw  by  lot  the  one  half 
which  must  cease  at  the  present  time,  and  shall  replace  it  with  indi- 
riduals  appointed  by  him  possessing  the  qualifications  required  by 
aw.  Should  the  number  be  an  odd  one,  the  one  half  resulting  from 
the  total  plus  one,  shall  cease  at  the  present  time. 

2.  That  the  office  of  intendant  shall  not  be  filled  until  1  May  1919,' 
md  in  the  meantime  the  government  and  political  chiefs  shall  con- 
:inue  to  exercise  the  powers  which  they  have  at  present.  During  that 
nterval  the  executive  must  submit  the  proposed  municipal  ordi- 
lances.  and  Congress  must  publish  them.  The  municipalities  shall 
''ontinue  to  be  governed  as  at  present  until  1  May  1919,  on  which 
late  the  provisions  in  regard  to  the  new  municipalities  shall  become 
effective. 

3.  That  the  syndics  at  present  in  office  shall  continue  in  their 
places  until  30  April  1919.     Should  any  vacancy  occur  and  should 

here  be  no  substitute  to  fill  it,  the  executive  shall  replace  it,  appoint- 
ng  a  person  for  that  office  possessing  the  legal  requisites,  after  hear- 
ng  the  principal  inhabitants  and  taxpayers  of  the  district. 

4.  That  the  first  popular  election  of  sitting  and  substitute  alder- 
aen,  as  well  as  of  syndics,  intendants  and  vice-intendants  shall  take 
)lace  on  the  first  Sunday  in  March,  1919. 

Art.  5.  The  Assembly  shall  convert  itself  into  an  ordinary  Con- 
gress, and  shall  remain  in  ordinary  session  until  31  August  of  the 


150  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

present  year,  and  for  the  purpose  of  constituting  the  legislative 
chambers  it  shall  observe  the  rules  for  distribution  of  members 
established  by  the  present  Constitution. 

Art.  6.  The  senators  and  deputies  who  compose  the  present  As- 
sembly and  who  shall  form  the  next  Congress  and  the  members  of  the 
municipality  now  in  office,  shall  continue  in  their  places  until  30  April 
1919. 

The  executive  power  shall,  at  the  proper  time,  call  for  elections  in 
accordance  with  Article  52  of  the  Constitution;  and  one  half  of  the 
members  of  the  chambers  which  may  then  be  elected,  as  well  as  those 
of  the  municipalities,  shall  be  renewed  every  three  years  in  the  manner 
established  in  this  Constitution. 

Art.  7.  In  order  to  fill  the  absolute  or  temporary  vacancies  of  sena- 
tors, the  chambers  shall  elect  a  member  of  the  Chamber  of  Deputies, 
giving  preference  to  those  of  the  same  province,  of  the  senator  who 
left  the  vacancy.  Provided  that  if  the  vacancy  is  only  temporary, 
the  deputy  elected  to  fill  it  shall  be  reinstated  in  his  Chamber  when 
the  absence  of  the  sitting  senator  should  cease. 

Art.  8.  If  the  number  of  substitute  deputies  of  one  province  should 
be  exhausted,  the  vacancies  which  may  occur  shall  be  filled  by  those 
of  another  province  which  the  board  of  directors  may  elect. 

Art.  9.  During  the  present  constitutional  period  the  representation 
for  the  provinces  shall  be  as  follows :  San  Jose,  9  deputies  and  4  sen- 
ators; Alajuela,  7  deputies  and  3  senators;  Cartago,  5  deputies  and  2 
senators;  Heredia,  3  deputies  and  2  senators;  Guanacaste,  3  deputies 
and  1  senator;  Puntarenas,  1  deputy  and  1  senator;  Limon,  1  deputy 
and  1  senator.  The  renewals  which  may  occur  during  the  six  years 
immediately  following  shall  be  made  in  accordance  with  this  pro- 
portion. 

Art.  10.  The  judges  and  mayors  who  are  at  present  discharging 
judicial  duties  shall  not  be  removed  from  office  until  the  expiration 
of  the  term  in  force,  in  accordance  with  the  original  law,  without 
prejudice  to  the  provisions  contained  at  the  end  of  Article  114.^ 

1  Here  follow  the  signatures  of  the  42  deputies  and  the  decree  of  promulgation  signed 
by  the  President  and  the  5  ministers. 


CUBA. 

By  the  Treaty  of  Paris  of  10  December  1898/  which  ended 
the  Spanish- American  War,  Spain  abandoned  her  rights  of  sov- 
ereignty over  her  possessions  of  Cuba,  Porto  Rico  and  the 
Philippines.  For  a  few  years  Cuba  was  under  the  control  of 
the  United  States  military  forces.  An  Act  of  Congress  of  the 
United  States  of  2  March  1901  -  authorized  the  President  of  the 
United  States  "  to  '  leave  the  government  and  control  of  the  island  of 
Cuba  to  its  people,'  so  soon  as  a  government  shall  have  been  estab- 
lished in  said  island  under  a  constitution  which,  either  as  a  part 
thereof  or  in  an  ordinance  appended  thereto,  shall  define  the  future 
relations  of  the  United  States  and  Cuba  "  on  the  basis  of  certain 
principles.  These  principles  were  to  be  inserted  in  a  permanent 
treaty.  A  convention  embodying  them  was  signed  on  22  May  1903  ^ 
between  the  United  States  and  Cuba.  Meanwhile,  an  assembly  met 
it  Habana  and  adopted  a  Constitution  on  21  February  1901,*  and 
in  amendment  governing  Cuba's  relations  v»ith  the  United  States 
vas  adopted  by  the  Constituent  Assembly  on  12  June  following.^  The 
President  and  Vice-President  of  the  new  Republic  were  elected  on  21 
February  1902,  and  the  government  of  the  United  States  trans- 
nitted  the  actual  control  of  the  island  to  the  established  authorities 
)n  20  May.^ 

^Signed  in  English  and  Spanish.  English  text  in  W.  M.  'SlAhi.OY/  Treaties,  Conven- 
ions.  International  Acts,  Protocols,  and  Agreements  between  the  United  States  of  America 
4id  other  Powers,  1776-1909  (Washington,  1010),  vol.  ii,  pp.  1090-1695,  and  British  and 
'orcign  State  Papers,  90  :  pp.  382-387. 

'Text  in  United  States  Statutes  at  Large,  31  :  p.  897. 

»  Signed  in  English  and  Spanish.  English  text  in  Malloy,  op  cit.,  vol.  i,  pp.  362-36-1. 
nd  British  and  Foreign  State  Papers,  96:  pp.  548-551.  English  and  Spanish  texts  in 
arallel  columns  in  .1.  I.  Rodrigukz,  Atnerican  Constitutions,  vol.  ii  (Washington,  1907), 
p.  149-154. 

*  The  Spanish  text,  as  officially  published  and  certified  by  Gen.  Leonard  Wood,  military 
overnor  of  Cuba,  in  the  Habana  Gaceta  of  14  April  1902,  and  English  translation  in 
arallel  columns  appear  in  Rodriguez,  op.  cit.,  pp.  112-148  (this  includes  the  Appendix), 
panish  text  also  in  Paul  Posenkr,  Die  Staatsverfassungen  des  Erdballs  (Charlotten- 
urg,  1909),  pp.  1113-1130.  French  translation  in  Annuaire  de  legislation  ^trangdre,  34 
1904)  :  pp.  463-486.  English  translation  in  British  and  Foreign  State  Papers,  94:  pp. 
54-578    (this  includes  the  Appendix). 

■  See  preceding  note. 

•This  Introductory  paragraph  is  based  upon  F.  R.  Dare.ste,  et  P.  Dareste,  Les  (Jvn>ii- 
ittions  modernes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  427-428,  and  Rodriguez,  op. 
*.,  pp.  109-111. 

151 


/ 

/ 

/ 

/        152  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

CONSTITUTION  OF  21  FEBRUARY  1901.^ 

[Preamble.1 

We,  the  delegates  of  the  people  of  Cuba,  in  national  convention 
assembled  for  the  purpose  of  framing  and  adopting  the  Funda- 
mental Law  under  which  Cuba  is  to  be  organized  as  an  independent 
and  sovereign  State,  and  be  given  a  government  capable  of  fulfilling 
its  international  obligations,  preserving  order,  securing  liberty  and 
justice,  and  promoting  the  general  welfare,  do  hereby  ordain,  adopt 
and  establish,  invoking  the  favor  of  God,  the  following  Constitution. 

Title  I. — The  Nation,  Its  Form  of  Government  and  the  National 

Territory. 

Article  1.  The  people  of  Cuba  constitute  themselves  into  a  sover- 
eign, independent  State  and  adopt  a  republican  form  of  government. 

Art.  2.  The  island  of  Cuba  and  the  islands  and  islets  adjacent 
thereto,  which  up  to  the  date  of  the  ratification  of  the  Treaty  of 
Paris  of  10  December  1898  ^  were  under  the  sovereignty  of  Spain, 
form  the  territory  of  the  Republic. 

Art.  3.  The  territory  of  the  Republic  shall  be  divided  into  the 
six  provinces  which  now  exist,  each  of  which  shall  retain  its  present 
boundaries.  The  determination  of  their  names  corresponds  to  the 
respective  provincial  councils. 

The  provinces  may  by  resolujtion  of  their  respective  provincial 
councils  and  the  approval  of  Congress  annex  themselves  to  other 
provinces,  or  subdivide  their  territory  and  form  new  provinces. 

Title  II. — Cubans. 

Art.  4.  Cuban  nationality  is  acquired  by  birth  or  by  naturalization. 
Art.  5.  Cubans  by  birth  are: 

1.  All  persons  born  of  Cuban  parents  whether  within  or  without 
the  territory  of  the  Republic. 

2.  All  persons  born  of  foreign  parents  within  the  territory  of  the 
Republic,  provided  that  on  becoming  of  age  they  apply  for  inscrip- 
tion, as  Cubans,  in  the  proper  register. 

3.  All  persons  born  m  foreign  countries  of  parents  natives  of 
Cuba  who  have  forfeited  their  Cuban  nationality,  provided  that  on  ^ 
becoming  of  age  they  apply  for  their  inscription  as  Cubans  in  the! 
register  aforesaid. 

^  Sec  above,  p.  151,  note  4.     The  translation  given  here  is  based  on  the  one  in  RoDniot'EZ. 
-  See  above,  p.  151,  note  ] . 


CUBA.  153 

Art.  G.  Cubans  by  naturalization  are: 

1.  Foreigners  who  having  served  in  the  liberating  army  claim 
Cuban  nationality  within  six  months  following  the  promulgation  of 
this  Constitution. 

'1.  P'oreigners  domiciled  in  Cuba  prior  to  1  January  1899  who 
have  retained  their  domicile,  provided  that  they  claim  Cuban  na- 
tionality within  six  months  following  the  promulgation  of  this  Con- 
stitution, or  if  they  are  minors  within  a  like  period  following  the 
date  on  which  they  reach  full  age. 

8.  Foreigners  who  after  five  years'  residence  in  the  territory  of 
the  Kepublic,  and  not  less  than  two  years  after  the  declaration  of 
their  intention  to  acquire  Cuban  nationality,  have  obtained  natural- 
ization papers  according  to  law. 

4.  Spaniards  residing  in  the  territory  of  Cuba  on  11  April  1899* 
w^ho  failed  to  register  themselves  as  such  in  the  corresponding  regis- 
ter within  one  year  thereafter. 

5.  Africans  who  were  slaves  in  Cuba,  and  those  "  emancipated  '^ 
referred  to  in  Article  13  of  the  Treaty  of  28  June  1835  between  Spain 
and  England. 

Art.  7.  Cuban  nationality  is  lost: 

1.  By  the  acquisition  of  foreign  citizenship. 

2.  By  the  acceptance  of  employment  or  honors  from  another  gov- 
ernment without  permission  of  the  Senate. 

3.  By  entering  the  military  service  of  a  foreign  nation  without 
the  said  permission. 

4.  In  cases  of  naturalized  Cubans,  by  their  residence  for  five 
years  continuously  in  the  country  of  origin,  except  w^hen  serving  an 
office  or  fulfilling  a  commission  of  the  government  of  the  Republic. 

Art.  8.  Cuban  nationality  may  be  reacquired  in  the  manner  to  be 
provided  by  law. 

Art.  9.  Every  Cuban  shall  be  bound : 

1.  To  bear  arms  in  defense  of  his  country  in  such  cases  and  in 
such  manner  as  may  be  determined  by  the  laws. 

2.  To  contribute  to  the  payment  of  public  expenses  in  such  man- 
ner and  proportion  as  the  laws  may  prescribe. 

Title  III. — Foreigners. 

Art.  10.  Foreigners  residing  within  the  territory  of  the  Republic 
shall  be  on  the  same  footing  as  Cubans : 

1.  In  respect  to  protection  of  their  persons  and  property. 

2.  In  respect  to  the  enjoyment  of  the  rights  guaranteed  by  Sec- 
tion I  of  the  following  title,  excepting  those  exclusively  reserved 
to  citizens. 

Hs:i8i— 10 11 


/ 

/ 

'  154  COXSTITUTIONS   OF  THE   STATES  AT  WAR. 

3.  In  respect  to  the  enjoyment  of  civil  rights  under  the  condi- 
tions and  limitations  prescribed  in  the  law  of  aliens. 

4.  In  respect  to  the  obligation  of  obeying  the  laws,  decrees,  regu- 
lations, and  all  other  statutes  that  may  be  in  force  in  the  Republic, 
and  complying  with  their  provisions. 

5.  In  respect  to  submission  to  the  jurisdiction  and  decisions  of 
the  courts  of  justice  and  all  other  authorities  of  the  Republic. 

6.  In  respect  to  the  obligation  of  contributing  to  the  public  ex- 
penses of  the  State,  province  and  municipality. 

Title  IV. — Rights  Guaranteed  by  this  Constituttox. 

SECTION   I. INDIVIDUAL  RIGHTS. 

Art.  11.  All  Cubans  are  equal  before  the  law.  The  Republic  does 
not  recognize  any  personal  prerogatives. 

Art.  12.  No  law  shall  have  retroactive  effect,  except  when  penal 
and  favorable  to  the  defendant. 

xIrt.  13.  Obligations  of  a  civil  nature  arising  out  of  contracts  or 
other  acts  or  omissions  shall  not  be  nullified  or  impaired  by  either 
the  legislative  or  the  executive  power. 

Art.  14.  The  penalty  of  death  shall  in  no  case  be  imposed  for 
offenses  of  political  character,  said  offenses  to  be  defined  by  law. 

Art.  15.  No  person  shall  be  detained  except  in  the  cases  and  in 
the  manner  prescribed  by  law. 

Art.  16.  Every  arrested  person  shall  be  set  at  liberty  or  placed  at 
the  disposal  of  the  competent  judge  or  court  within  twenty- four  hours 
immediately  following  the  arrest. 

Art.  17.  All  arrests  shall  be  terminated,  or  turned  into  formal 
imprisonments,  within  seventy-two  hours,  immediately  after  the  de- 
livery of  the  arrested  person  to  the  judge  or  court  of  competent 
jurisdiction.  Within  the  same  time  notice  shall  be  served  upon  the 
interested  party  of  the  action  taken. 

Art.  18.  No  person  shall  be  imprisoned  except  by  order  of  a  com- 
petent judge  or  court. 

The  order  directing  the  imprisonment  shall  be  affirmed  or  re- 
versed, upon  the  proper  hearing  of  the  prisoner,  within  seventy-two 
hours  next  following  the  committal. 

Art.  19.  No  person  shall  be  prosecuted  or  sentenced  except  by  a 
competent  judge  or  court,  by  virtue  of  laws  in  force  prior  to  the 
commission  of  the  offense,  and  in  the  manner  and  form  prescribed 
by  said  laws. 

Art.  20.  Every  person  arrested  or  imprisoned  without  the  for- 
malities of  laAv,  or  outside  of  the  cases  foreseen  in  this  Constitution 
or  the  laws,  shall  be  set  at  liberty  at  his  own  request  or  that  of  any 
citizen. 


CUBA.  155 

The  law  shall  determine  the  form  of  swnvmary  proceedings  to  he 
followed  in  this  case} 

Art.  21.  No  one  shall  be  bound  to  testify  against  himself,  neither 
shall  he  be  compelled  to  testify  against  his  consort,  nor  against  his 
relatives  within  the  fourth  degree  of  consanguinity  or  second  of 
affinity. 

Art.  22.  The  secrecy  of  correspondence  and  other  private  docu- 
ments is  inviolable,  and  neither  shall  be  seized  or  examined  except 
by  order  of  a  competent  authority  and  with  the  formalities  prescribed 
by  the  laws.  In  all  cases  matters  therein  contained  not  relating  to 
the  subject  under  investigation  shall  be  kept  secret. 

Art.  23.  Domicile  is  inviolable ;  and  therefore  no  one  shall  enter  at 
night  the  house  of  another  except  by  permission  of  its  occupant,  un- 
less it  be  for  the  purpose  of  giving  aid  and  assistance  to  victims  of 
crime  or  accident ;  or  in  the  daytime,  except  in  the  cases  and  in  the 
manner  prescribed  by  law. 

Art.  24.  No  person  shall  be  compelled  to  change  his  domicile  or 
residence  except  by  virtue  of  an  order  issued  by  a  competent  au- 
thority and  in  the  cases  prescribed  by  law. 

Art.  25.  Every  one  may  freely  express  his  ideas  either  orally  or  in 
writing,  through  the  press,  or  in  any  other  manner,  without  subjec- 
tion to  previous  censorship ;  but  the  responsibilities  specified  by  law, 
when  attacks  are  made  upon  the  honor  of  individuals,  the  social 
order,  or  the  public  peace,  shall  be  properly  enforced. 

Art.  26.  The  profession  of  all  religions,  as  well  as  the  practice  of 
all  forms  of  worship,  is  free,  without  any  other  restriction  than  that 
demanded  by  the  respect  for  Christian  morality  and  public  order. 
The  Church  shall  be  separated  from  the  State,  which  in  no  case  shall 
subsidize  any  religion. 

Art.  27.  All  persons  shall  have  the  right  to  address  petitions  to 
the  authorities,  to  have  them  duly  acted  upon,  and  to  be  informed 
of  the  action  taken  thereon. 

Art.  28.  All  the  inhabitants  of  the  Republic  have  the  right  to  as- 
semble peacefully,  without  arms;  and  to  associate  with  others  for  all 
lawful  pursuits  of  life. 

Art.  29.  All  persons  shall  have  the  right  to  enter  or  leave  the  terri- 
tory of  the  Republic,  to  travel  within  its  limits,  and  to  change  their 
residence,  without  necessity  of  safe  conducts,  passports,  or  other  sim- 


*The  words  printed  in  italics  are  not  found  In  the  text  of  the  Constitution  as  given 
In  the  Diario  (le  Seaiones  de  la  Convenoidn  Constituyente  de  la  Isla  de  Cuba,  pp.  461-472, 
or  in  J.  R.  Sedano  y  Agramontk.  El  Libra  del  oiudadan^  cuhano  (Habana,  1901), 
pp.  9-49.  They  appear,  however,  in  the  text  of  the  Constitution  as  printed  in  the 
Coleccidn  Legislativa  de  la  Isla  de  Cuba,  1902,  vol.  i,  pp.  415  et  scq.,  and  in  Don  Gox- 
ZALO  DE  QuRSADA  (Cuban  Minister  at  Washington),  Cuba  (published  by  the  Interna- 
tional Bureau  of  the  American  Republics,  November,  1905). 


156  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

ilar  documents,  except  when  otherwise  provided  by  the  laws  govern- 
ing immigration,  or  by  the  authorities,  in  cases  of  criminal  prosecution. 

Art.  30.  No  Cuban  shall  be  banished  from  the  territory  of  the  Re- 
public or  prohibited  from  entering  it. 

Art.  31.  Primary  instruction  shall  be  compulsory  and  gratuitous. 
The  teaching  of  arts  and  trades  shall  also  be  gratuitous.  Both  shall 
be  supported  by  the  State,  as  long  as  the  municipalities  and  prov- 
inces, respectively,  may  lack  sufficient  funds  to  defray  their  expenses. 

Secondary  and  superior  education  shall  be  controlled  by  the  State. 
All  persons  however,  may,  without  restriction,  learn  or  teach  any 
science,  art,  or  profession,  and  found  and  maintain  establishments  of 
education  and  instruction,  but  it  pertains  to  the  State  to  determine 
what  professions  shall  require  special  titles,  w^hat  conditions  shall  be 
required  for  their  practice  and  for  the  securing  of  diplomas,  as  well 
as  for  the  issuing  thereof  as  established  by  law. 

Art.  32.  No  one  shall  be  deprived  of  his  property,  except  by  com- 
petent authority,  upon  proof  that  the  condemnation  is  required  by 
public  utility,  and  previous  indemnification.  If  the  indemnification 
is  not  previously  paid,  the  courts  shall  protect  the  owners,  and,  if 
needed,  restore  to  them  the  property. 

Art.  33.  In  no  case  shall  the  penalty  of  confiscation  of  property  be 
imposed. 

Art.  34.  No  person  is  bound  to  pay  any  tax  or  impost  not  legally 
established  and  the  collection  of  which  is  not  carried  out  in  the  man- 
ner prescribed  by  the  laws. 

Art.  35.  Every  author  or  inventor  shall  enjoy  the  exclusive  owner- 
ship of  his  work  or  invention  for  the  time  and  in  the  manner  deter- 
mined by  law. 

Art.  36.  The  enumeration  of  the  rights  expressly  guaranteed  by 
this  Constitution  does  not  exclude  other  rights  based  upon  the  prin- 
ciple of  the  sovereignty  of  the  people  and  the  republican  form  of 
government. 

Art.  37.  The  laws  regulating  the  exercise  of  the  rights  which  this 
Constitution  guarantees  shall  be  null  and  void  if  said  rights  are 
abridged,  restricted,  or  adulterated  by  them. 

section  it. — right  of  suffrage. 

Art.  38.  All  male  Cubans  over  21  years  of  age  have  the  right  of 
suffrage,  except  the  following: 

1.  Those  who  are  inmates  of  asylums. 

2.  Those  judicially  declared  to  be  mentally  incapacitated. 

3.  Those  judicially  deprived  of  civil  rights  on  account  of  crime. 

4.  Those  serving  in  the  land  or  naval  forces  of  the  Republic, 
when  in  active  service. 


CUBA.  157 

Art.  39.  The  laws  shall  establish  rules  and  methods  of  procedure 
to  guarantee  the  intervention  of  the  minorities  in  the  preparation  of 
the  census  of  electors,  and  in  all  other  electoral  matters,  and  its  rep- 
resentation in  the  Chamber  of  Representatives  and  in  the  provincial 
and  municipal  councils. 

SECTION    III. — SUSPENSION    OF    CONSTITUTIONAL   GUARANTEES. 

Art.'  40.  The  guarantees  established  ifl  Articles  15,  16,  17,  19,  22, 
23.  24  and  27,  Section  I  of  this  title,  shall  not  be  suspended  either  in 
the  whole  Republic,  or  in  any  part  thereof,  except  temporarily  and 
when  the  safety  of  the  State  may  require  it,  in  cases  of  invasion  of  the 
territory  or  of  serious  disturbances  that  may  threaten  public  peace. 

Art.  41.  The  territory  in  which  the  guarantees  mentioned  in  the 
preceding  article  are  suspended  shall  be  ruled  during  the  period  of 
suspension  according  to  the  law  of  public  order  which  may  have 
been  previously  enacted.  But  neither  the  said  law,  nor  any  other, 
shall  order  the  suspension  of  other  guarantees  not  mentioned  in  the 
said  article. 

Nor  shall  any  new  offenses  be  created,  or  new  penalties  not  estab- 
lished by  the  law  which  was  in  force  at  the  time  of  the  suspension, 
be  ordered  to  be  inflicted  during  the  same. 

The  executive  power  is  hereby  forbidden  to  exile  or  expel  from 
the  country  any  citizen  thereof,  or  compel  him  to  reside  at  any  other 
place  farther  than  one  hundred  and  twenty  kilometers  from  his  domi- 
cile. Nor  shall  it  detain  any  citizen  for  more  than  ten  days,  with- 
out delivering  him  to  the  judicial  authorities,  or  repeat  the  detention 
during  the  time  of  the  suspension  of  guaranties.  The  detained  indi- 
viduals shall  be  kept  in  special  departments  in  the  public  establish- 
ments destined  for  the  detention  of  prisoners  charged  with  common 
offenses. 

Art.  42.  The  suspension  of  the  guarantees  specified  in  Article  40 
shall  be  ordered,  only  and  exclusively  by  means  of  a  law,  but  if  Con- 
gress is  not  in  session,  it  can  be  ordered  by  a  decree  of  the  President 
of  the  Republic.  But  the  President  shall  have  no  power  to  suspend 
the  guarantees  more  than  once  during  the  period  intervening  between 
two  sessions  of  Congress,  or  for  an  indefinite  period  of  time,  or  for 
a  period  longer  than  thirty  days,  without  convoking  Congress  in  the 
same  decree  of  suspension.  In  all  cases  the  President  shall  report 
the  facts  to  Congress,  in  order  that  it  may  act  as  deemed  proper. 

Title  V. — The  Sovereignty  and  the  Public  Powers. 

Art.  43.  The  sovereignty  is  vested  in  the  people  of  Cuba,  and  from 
the  said  people  all  the  public  powers  emanate. 


158  CONSTITUTIONS   OF   THE   STATES   AT   WAE. 

Title  VI. — The  Legislative  Power. 

SECTION  I. THE  LEGISLATIVE  BODIES. 

Art.  44.  The  legislative  power  is  vested  in  two  elective  bodies,  to 
be  known  as  the  Chamber  of  Representatives  and  the  Senate ;  the  two 
together  constituting  the  Congress.^ 

SECTION  II. THE    SENATE,    ITS    MEMBERSHIP    AND    ITS    POWERS. 

Art.  45.  The  Senate  shall  consist  of  four  senators  for  each  prov- 
ince, to  be  elected  in  each  one  for  a  period  of  eight  years  by  the  pro- 
vincial councilors,  and  by  double  that  number  of  electors  forming 
with  the  councilors  an  electoral  college. 

One  half  of  the  electors  shall  consist  of  citizens  paying  the  greatevSt 
amount  of  taxes,  and  the  other  half  shall  possess  the  qualifications 
required  by  law.  But  it  is  necessary  for  all  of  them  to  be  of  full  age 
and  residents  of  the  province. 

The  election  of  electors  shall  be  made  by  the  provincial  voters  one 
hundred  days  before  that  of  the  senators. 

The  Senate  shall  be  renewed  by  halves  every  four  years. 

Art.  46.  To  be  a  senator  it  is  required : 

1.  To  be  a  Cuban  by  birth. 

2.  To  be  over  35  years  of  age. 

3.  To  be  in  the  full  enjoyment  of  civil  and  political  rights. 
Art.  47.  The  Senate  shall  have  the  following  exclusive  powers : 

1.  To  try,  sitting  as  a  tribunal  of  justice,  the  impeachment  of  the 
President  of  the  Republic,  upon  charges  made  against  him  by  the 
Chamber  of  Representatives,  for  crimes  against  the  external  security 
of  the  State,  against  the  free  exercise  of  the  legislative  or  judicial 
powers,  or  for  violation  of  the  constitutional  provisions. 

2.  To  try,  sitting  as  a  tribunal  of  justice,  the  impeachment  of  the 
secretaries  of  State,  upon  charges  made  against  them  by  the  Chamber 
of  Representatives,  for  crimes  against  the  external  security  of  the 
State,  the  free  exercise  of  the  legislative  or  judicial  powers,  violation 
of  the  constitutional  provision,  or  any  other  crime  of  political  charac- 
ter determined  by  law. 

3.  To  try,  sitting  as  a  tribunal  of  justice,  the  impeachment  of  the 
governors  of  provinces,  upon  charges  made  against  them  by  the  pro- 
vincial councils  or  by  the  President  of  the  Republic  for  any  of  the 
crimes  named  in  the  foregoing  number. 

When  the  Senate  sits  as  a  tribunal  of  justice,  it  shall  be  presided 
over  by  the  Chief  Justice  of  the  Supreme  Court  and  shall  not  im- 
pose any  other  penalty  than  that  of  removal  from  office,  or  removal 

1  Law  of  22  July  1902  determijied  the  relations  between  the  two  houses.  Electoral' 
Law  of  25  December  1903,  revised  11  September  1908. 


CUBA.  159 

from  office  and  disqualification  from  holding  any  public  office;  but 
the  infliction  of  any  other  penalty  upon  the  convicted  official  shall  be 
left  to  the  courts  declared  by  law  to  be  competent  for  the  purpose. 

4.  To  confirm  the  nominations  made  by  the  President  of  the  Ke- 
public  for  the  positions  of  Chief  Justice  and  associate  justices  of  the 
Supreme  Court,  diplomatic  representatives  and  consular  agents  of 
the  nation,  and  all  other  public  officers  whose  nominations  require 
the  approval  of  the  Senate  in  accordance  with  the  law. 

5.  To  authorize  Cuban  citizens  to  accept  employment  or  honors 
from  foreign  governments  or  to  serve  in  their  armies. 

6.  To  approve  the  treaties  entered  into  by  the  President  of  the 
Eepublic  with  other  nations. 

SECTION    111. — THE  CHAMBER   OF  REPRESENTATIVES,  ITS  MEMBERSHIP  AND 

ITS  POWERS. 

Art.  48.  The  Chamber  of  Representatives  shall  consist  of  one  rep- 
resentative for  each  25.000  inhabitants  or  fraction  thereof  over 
12.500.  elected  for  the  period  of  four  j^ears  by  direct  vote  of  the 
people  and  in  the  manner  provided  by  law. 

The  Chamber  of  Representatives  shall  be  renewed  by  halves  every 
two  years. 

Art.  49.  To  be  a  representative  it  is  required : 

1 .  To  be  a  Cuban  citizen  by  birth  or  by  naturalization,  provided 
in  the  latter  case  that  the  candidate  has  resided  eight  years  in  the 
Republic^,  to  be  counted  from  the  date  of  his  naturalization. 

2.  To  have  attained  the  age  of  25  years. 

3.  To  be  in  full  possession  of  all  civil  and  political  rights. 
Art.  50.  The  power  to  impeach  before  the  Senate  the  President 

of  the  Republic  and  the  secretaries  of  State,  in  the  cases  prescribed 
in  Xos.  1  and  2  of  Article  47  corresponds  to  the  Chamber  of  Repre- 
sentatives. But  the  concurrence  of  two  thirds  of  the  total  number 
of  representatives,  in  secret  session,  shall  be  required  to  exercise 
this  right. 

SECTION   IV. PROVISIONS    COMMON    TO    BOTH    HOUSES  OF    CONGRESS. 

Art.  51.  The  positions  of  senator  and  representative  are  incom- 
patible with  the  holding  of  any  other  paid  position  of  government 
ai)pointment,  except  a  professorship  in  a  government  institution, 
obtained  by  competitive  examination  i)ri()r  to  the  election. 

Art.  52.  Senators  and  representatives  shall  receive  from  the  State 
a  pecuniary  remuneration,  alike  for  both  positions,  the  amount  of 
which  may  be  changed  at  any  time;  but  the  change  shall  not  take 
effect  until  after  the  renewal  of  the  legislative  bodies. 


160  CONSTITUTIONS   OF   THE   STATES  AT   WAR. 

Art.  53.  Senators  and  representatives  shall  be  inviolable  for  their 
votes  and  opinions  in  the  discharge  of  their  duties.  Senators  and 
representatives  shall  only  be  arrested  or  indicted  upon  permission  of 
the  body  to  which  they  belong,  if  Congress  is  then  in  session,  except 
in  case  of  flagrante  delicto.  In  this  case,  and  in  the  case  of  the  arrest 
or  indictment  being  made  when  Congress  is  not  in  session,  the  fact 
shall  be  reported,  as  soon  as  practicable  to  the  respective  house  for 
proper  action. 

Art.  54.  Both  houses  of  Congress  shall  open  and  close  their  ses- 
sions on  the  same  day ;  they  shall  meet  in  the  same  city,  and  neither 
shall  move  to  any  other  place,  or  adjourn  for  more  than  three  days, 
except  by  common  consent. 

Nor  shall  they  begin  to  do  business  without  two  thirds  of  the  total 
number  of  their  members  being  present,  or  continue  their  sessions 
without  the  attendance  of  an  absolute  majority. 

Art.  55.  Each  house  shall  be  the  judge  of  the  election  of  its  respec- 
tive members  and  shall  also  pass  upon  their  resignations.  No  senator 
or  representative  shall  be  expelled  from  the  house  to  which  he  be- 
longs, except  upon  grounds  previously  determined,  and  the  concur- 
rence of  at  least  two  thirds  of  the  total  number  of  its  members. 

Art.  56.  Each  house  shall  frame  its  respective  rules  and  regula- 
tions, and  elect  from  among  its  members  its  president,  vice-presidents 
and  secretaries.  But  the  president  of  the  Senate  shall  not  discharge 
his  duties  as  such,  except  in  case  the  Vice-President  of  the  Republic 
is  absent  or  acting  as  President. 

SECTION    V. CONGRESS    AND    ITS    POWERS. 

Art.  57.  Congress  shall  assemble,  without  necessity  of  previous 
call,  twice  in  each  year,  each  session  to  last  not  less  than  forty  work- 
ing days.  The  first  session  shall  begin  on  the  first  Monday  in  April 
and  the  second  on  the  first  Monday  in  November. 

It  shall  meet  in  extra  session  in  such  cases  and  in  such  manner  as 
may  be  provided  by  its  rules  and  regulations  and  when  called  to  con- 
vene by  the  President  of  the  ReiDublic  in  accordance  with  the  pro- 
visions of  this  Constitution.  In  both  cases  it  shall  only  consider  the 
express  object  or  objects  for  which  it  assembles. 

Art.  58.  Congress  shall  meet  in  joint  session  to  proclaim,  after 
counting  and  verifying  the  electoral  vote,  the  President  and  Vice- 
President  of  the  Republic. 

In  this  case  the  president  of  the  Senate,  and  in  his  absence  the  presi- 
dent of  the  Chamber  of  Representatives,  as  vice-president  of  the 
Congress,  shall  preside  over  the  joint  meeting. 

If  upon  counting  the  votes  for  President  it  is  found  that  none  of 
the  candidates  has  an  absolute  majority  of  votes,  or  if  the  votes  are 
equally  divided,  Congress,  by  the  same  majority,  shall  elect  as  Pfesi- 


CUBA.  161 

dent  one  of  the  two  candidates  having  ohtained  the  greatest  number 
of  votes. 

Should  more  than  two  candidates  receive  the  highest  number  of 
votes — no  one  obtaining  an  absolute  majority — two  or  more  having 
secured  the  same  number.  Congress  shall  elect  from  said  candidates. 

If  the  vote  of  Congress  is  equally  divided  another  vote  shall  be 
taken ;  and  if  the  result  of  the  second  vote  is  the  same,  the  president 
shall  cast  the  deciding  vote. 

The  method  established  in  the  preceding  number  shall  be  also 
employed  in  the  election  of  Vice-President  of  the  Republic. 

The  counting  of  the  electoral  vote  shall  take  place  prior  to  the 
expiration  of  the  presidential  term. 

Art.  59.  Congress  shall, have  the  following  powers: 

1.  To  enact  the  national  codes  and  the  law^s  of  a  general  nature ; 
to  determine  the  rules  that  shall  be  observed  in  the  general,  provincial 
and  municipal  elections ;  to  issue  orders  for  the  regulation  and  organ- 
ization of  all  services  pertaining  to  the  administration  of  national, 
provincial  and  municipal  government ;  and  to  pass  all  other  law^s  and 
resolutions  which  it  may  deem  proper  relating  to  other  matters  of 
jpublic  interest. 

2.  To  discuss  and  approve  the  budgets  of  the  revenues  and  ex- 
penses of  the  government.  The  said  revenues  and  expenses,  except 
such  as  wmII  be  mentioned  hereafter,  shall  be  included  in  annual 
budgets  which  shall  be  available  only  during  the  year  for  which  they 
shall  have  been  approved. 

The  expenses  of  Congress,  those  of  the  administration  of  justice 
and  those  required  to  meet  the  interest  and  redemption  of  loans  shall 
have,  the  same  as  the  revenues  with  which  they  have  to  be  paid,  the 
character  of  permanent  and  shall  be  included  in  a  fixed  budget  which 
shall  remain  in  force  until  changed  by  special  laws. 

3.  To  contract  loans,  w  ith  the  obligation,  however,  of  providing 
permanent  revenues  for  the  payment  of  the  interest  and  redemption 
:hereof. 

All  measures  relating  to  loans  shall  require  the  vote  of  two  thirds 
>f  the  total  number  of  the  members  of  each  house. 

4r.  To  coin  money,  fixing  the  standard,  weight,  value  and  denomi- 
nation thereof. 

5.  To  reguhite  the  system  of  weights  and  measures. 

(>.  To  make  provisions  for  regulating  and  developing  internal 
ind  foreign  commerce. 

7.  To  regulate  the  services  of  communications  and/  railroads, 
•oads,  canals  and  harbors,  creating  those  required  by  public  con- 
renience. 

*  The  Diario  dc  Srsioncff  and  El  Lib'ro   del  ciudadano  cubano  has   "of  railway   com- 
ounlcations.'' 


162  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

8.  To  levy  such  taxes  and  imposts  of  national  character  as  may 
be  necessary  for  the  needs  of  the  government. 

9.  To  establish  rules  and  proceedings  for  obtaining  naturali- 
zation. 

10.  To  grant  amnesties. 

11.  To  fix  the  strength  of  the  land  and  naval  forces  and  provide 
for  their  organization. 

12.  To  declare  war  and  approve  treaties  of  peace  negotiated  by 
the  President  of  the  Republic. 

13.  To  designate,  by  means  of  a  special  law,  the  official  who  shall 
act  as  President  of  the  Republic  in  case  of  death,  resignation,  re- 
moval, or  supervenient  inability  of  the  President  and  Vice-Presi- 
dent. 

Art.  60.  Congress  shall  not  attach  to  appropriation  bills  any  pro- 
vision tending  to  make  changes  or  reforms  in  the  legislation  or  in 
the  administration  of  the  government;  nor  shall  it  diminish  or 
abolish  revenues  of  permanent  character  without  creating  at  the 
same  time  new  revenues  to  take  their  place,  except  in  case  that  th(> 
decrease  or  abolition  depend  upon  the  decrease  or  abolition  of  the 
equivalent  permanent  expenses.  Nor  shall  Congress  appropriate 
for  any  service  to  be  provided  for  in  the  annual  budget  a  larger 
sum  of  money  than  that  recommended  in  the  estimates  submitted  by 
the  government;  but  Congress  may  by  means  of  special  laws  create 
new  services  and  reform  or  give  greater  scope  to  those  already 
existing. 

SECTION  VI. INITIATIAT:,    PRJ:PARATI0N,    APPROVAL    AND    PROMULGATION 

OF  LAWS. 

Art.  61.  The  right  to  initiate  legislation  is  vested  Avithout  distinc- 
tion in  both  houses  of  Congress. 

Art.  62.  Every  bill  passed  by  the  two  houses  and  every  resolu- 
tion of  the  same  which  has  to  be  executed  by  the  President  of  the 
Republic  shall  be  submitted  to  him  for  approval.  If  they  are  ap- 
proved, they  shall  be  signed  at  once  by  the  President.  If  they  are 
not  approved,  they  shall  be  returned  by  the  President,  with  his  objec- 
tions, to  the  house  in  which  they  originated,  which  shall  enter  said 
objections  upon  its  journal  and  engage  again  in  the  discussion  oj 
the  subject. 

If  after  this  new  discussion  two  thirds  of  the  total  number  of  tl 
members  of  the  house  vote  in  favor  of  the  bill  or  resolution  as  orig^ 
nally  passed,  the  latter  shall  be  referred  with  the  objections  of  tl 
President,  to  the  other  house,  where  it  shall  be  also  discussed,  an( 
if  the  measure  is  approved  there  by 'the  same  majority  it  shall  be- 
come a  law.    In  all  these  cases  the  vote  shall  be  b}^  yeas  and  nays. 


CUBA.  163 

If  within  ten  working  days  immediately  following  the  sending 
of  the  bill  or  resolution  to  the  President,  the  latter  fails  to  return 
it,  it  shall  be  considered  approved  and  shall  become  law. 

If  within  the  last  ten  days  of  a  session  of  Congress  a  bill  is  sent 
to  the  President  of  the  Republic,  and  he  wishes  to  take  advantage  of 
the  whole  time  granted  him  in  the  foregoing  paragraph  for  the 
purposes  of  approval  or  disapproval,  he  shall  acquaint  the  Congress 
with  his  desire,  so  as  to  cause  it  to  remain  in  session,  if  it  so  wishes, 
until  the  end  of  the  ten  days.  The  failure  by  the  President  to  do 
so  shall  cause  the  bill  to  be  considered  approved  and  become  a  law. 

No  bill  totally  rejected  by  one  house  shall  be  discussed  again  in 
the  same  session. 

Art.  63.  Every  law  shall  be  promulgated  within  ten  days  next  fol- 
lowing its  approval  by  either  the  President  or  the  Congress,  as  the 
case  may  be,  under  the  provisions  of  the  preceding  article. 

Title  VII. — The  Executive  Power. 

SECTION   i. the  exercise  OF  THE  EXECUTIVE  POWER. 

Art.  64.  The  executive  power  ^  shall  be  vested  in  the  President  of 
the  Republic. 

SECTION   II. THE  PRESIDENT  OF  THE  REPUBLIC,  HIS  POWERS  AND  DUTIES. 

Art.  65.  To  be  President  of  the  Republic  it  is  required : 

1.  To  be  a  Cuban  by  birth  or  naturalization,  and  in  the  latter 
case  to  have  served  in  the  Cuban  armies  in  the  wars  of  independence 
for  at  least  ten  years. 

2.  To  be  over  40  years  of  age. 

3.  To  be  in  the  full  enjoyment  of  civil  and  political  rights. 
Art.  66.  The  President  of  the  Republic  shall  be  elected  by  presi- 
dential electors  on  the  same  day,  in  the  manner  provided  by  law. 

The  term  of  office  shall  be  four  years,  and  no  one  shall  be  President 
for  three  consecutive  terms. 

Art.  67.  The  President,  before  entering  on  the  discharge  of  the 
duties  of  his  office,  shall  take  oath  or  affirmation  before  the  Supreme 
Court  of  Justice  to  faithfully  discharge  his  duties  and  comply  and 
cause  others  to  comply  with  the  Constitution  and  the  laws. 

Art.  68.  The  President  of  the  Republic  shall  have  the  following 
powers  and  duties : 

1.  To  approve  and  promulgate  the  laws,  and  to  obey  and  cause 
others  to  obey  their  provisions.  To  enact,  if  Congress  has  not  done 
so,  such  rules  and  regulations  as  may  be  necessary  for  the  proper 

1  Organic  Law  (on  the  executive  power)  of  26  January  1909. 


164  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

execution  of  the  laws ;  and  to  issue  all  orders  or  decrees  which  may  b( 
conducive  to  the  same  purpose  or  to  any  other  purposes  of  govern 
ment  and  the  administration  thereof  in  the  Republic,  provided  thai 
in  no  case  the  said  orders  or  decrees  are  at  variance  wath  the  provi 
sions  of  the  law. 

2.  To  call  Congress,  or  the  Senate  alone,  to  meet  in  extra  session 
in  the  cases  set  forth  in  the  Constitution,  or  when  in  his  opinion  th( 
meeting  may  be  necessary. 

3.  He  shall  adjourn  Congress,  when  no  agreement  can  be  reachec 
between  the  two  houses  on  the  question  of  adjournment. 

4.  To  transmit  to  Congress  at  the  beginning  of  each  session,  anc 
whenever  he  may  deem  it  advisable,  a  message  relating  to  the  acts  oJ 
his  administration,  showing  the  general  condition  of  the  affairs  o: 
the  Republic,  and  recommending  the  adoption  of  such  laws  am 
measures  as  he  may  deem  necessary  or  advisable. 

5.  To  submit  to  Congress  through  either  one  of  the  houses 
before  15  November,  a  draft  of  the  annual  budget. 

6.  To  furnish  Congress  all  the  information  desired  by  it  on  ever 
matter  of  business  which  does  not  require  secrecy. 

7.  To  conduct  all  diplomatic  negotiations  and  conclude  treatie 
with  foreign  nations,  provided  that  these  treaties  be. submitted  foi 
approval  of  the  Senate,  without  which  requisite  they  shall  be  neithei 
valid  nor  binding  upon  the  Republic. 

8.  To  freely  appoint  and  remove  the  secretaries  of  State,  giving 
Congress  information  of  his  action. 

9.  To  appoint,  with  the  approval  of  the  Senate,  the  Chief  Justice 
and  the  associate  justices  of  the  Supreme  Court,  and  the  diplomat! 
and  consular  agents  of  the  Republic.  If  the  vacancy  occurs  at 
time  in  which  the  Senate  is  not  in. session,  he  shall  have  power  t( 
make  the  appointment  of  said  functionaries  ad  interim. 

10.  To  appoint  all  other  public  officers  recognized  by  law,  whos 
appointment  is  not  entrusted  to  some  other  authority. 

11.  To  suspend  the  exercise  of  the  rights  enumerated  in  Articl 
40  of  the  Constitution  in  the  cases  and  in  the  manner  set  forth 
Articles  41  and  42. 

12.  To  suspend  the  resolutions  passed  by  the  provincial  am 
municipal  councils  in  the  cases  and  in  the  manner  set  forth  in  thi 
Constitution. 

13.  To  order  the  suspension  of  the  governors  of  provinces  in  cas 
they  exceed  their  powers  or  violate  the  laws;  but  in  these  cases  In 
shall  report  the  fact  to  the  Senate,  in  the  manner  and  form  deter 
mined  by  law,  for  such  action  as  may  be  proper. 

14.  To  prefer  charges  against  the  governors  of  provinces  in  th 
cases  set  forth  in  No.  3  of  Article  47. 


CUBA.  165 

15.  To  ^rant  pardons  according  to  the  provisions  of  law,  except 
in  the  case  of  public  functionaries  convicted  for  wrongs  done  in  the 
exercise  of  their  functions. 

16.  To  receive  diplomatic  representatives  and  admit  consular 
agents  of  other  nations. 

17.  To  dispose  of  the  land  and  sea  forces  of  the  Republic  as 
commander-in-chief  of  the  same.  To  provide  for  the  defense  of  the 
national  territory,  reporting  to  Congress  what  he  may  have  done  on 
the  subject.  To  provide  for  the  preservation  of  peace  and  public 
order  in  the  interior  of  the  country.  If  there  is  danger  of  invasion, 
or  of  any  rebellion  breaking  out  and  gravely  threatening  the  public 
safety.  Congress  not  being  in  session  at  the  time,  the  President  shall 
call  it  to  convene  without  delay  for  such  action  as  may  be  deemed 
proper. 

Art.  69.  The  President  shall  not  leave  the  territory  of  the  Republic 
without  the  permission  of  Congress. 

Art.  70.  The  President  shall  be  responsible  before  the  Supreme 
Court  for  the  common  offenses  he  may  commit  during  his  term  of 
pffice,  but  he  shall  not  be  prosecuted  without  previous  permission  of 
the  Senate. 

A.RT.  71.  The  President  shall  receive  from  the  State  a  salary  which 
tnay  be  changed  at  any  time,  but  the  change  shall  not  go  into  effect 
mtil  the  next  following  presidential  term. 

Title  VIII. — The  Vice-President  of  the  Republic. 

Art.  72.  There  shall  be  a  Vice-President  of  the  Republic,  who  shall 
3e  elected  in  the  same  manner  and  for  the  same  period  of  time  as  the 
President,  and  jointly  with  him.  To  be  Vice-President  the  same 
lualifications  set  forth  in  this  Constitution  to  be  President  shall  be 
•equired. 

Art.  73.  The  Vice-President  of  the  Republic  shall  be  the  president 
)f  the  Senate,  but  he  shall  vote  only  in  case  that  the  votes  of  the 
senators  are  equally  divided. 

Art.  74.  In  case  of  temporary  or  permanent  absence  of  the  Presi- 
lent  of  the  Republic,  the  Vice-President  shall  act  in  his  place.  If  the 
ibsence  is  permanent,  the  Acting  President  shall  continue  in  office 
mtil  the  end  of  the  presidential  term. 

Art.  75.  The  Vice-President  shall  receive  from  the  State  a  salary 
vhich  may  be  changed  at  any  time,  but  the  change  shall  not  go  into 
'ffect  until  the  next  following  presidential  term. 

Title  IX. — The  Secretaries  of  State. 

Art.  76.  For  the  transaction  of  the  executive  business,  the  Presi- 
dent of  the  Republic  shall  have  as  many  secretaries  of  State  as  the 
law  may  determine,  and  no  one  shall  be  a  secretary  of  State  who 


166  CONSTITUTIONS  OF  THE   STATES  AT  WAR. 

is  not  a  Cuban  citizen  in  the  full  enjoyment  of  his  civil  and  political 
rights. 

Art.  77.  All  decrees,  orders  and  decisions  of  the  President  of  the 
Republic  shall  be  countersigned  by  the  secretary  of  State  to  whom 
the  matter  corresponds.  Without  this  signature  no  decree,  order  or 
decision  of  the  President  shall  have  binding  force  nor  shall  it  be 
obeyed. 

Art.  78.  The  secretaries  of  State  shall  be  personall}-  responsible  for 
the  measures  signed  by  them,  and  jointly  and  severally  for  the  meas- 
ures agreed  upon  or  authorized  by  them  at  a  cabinet  meeting.  This 
responsibility  does  not  exclude  the  personal  and  direct  responsibility 
of  the  President  of  the  Republic. 

Art.  79.  The  secretaries  of  State  shall  be  impeachable  before  the 
Senate  by  the  Chamber  of  Representatives  in  the  cases  mentioned  in 
No.  2  of  Article  47. 

Art.  80.  The  secretaries  of  State  shall  receive  from  the  State  a 
salary  which  may  be  changed  at  any  time,  but  the  change  shall  not  go 
into  effect  until  the  next  following  presidential  term. 

Title  X. — The  Judicial  Power. 

SECTION   I. THE  EXERCISE  OF  THE   JUDICIAL  POWER. 

Art.  81.  The  judicial  power  ^  is  vested  in  a  Supreme  Court  of  Jus- 
tice and  in  all  the  other  tribunals  which  may  be  established  by  law 
The  law  shall  regulate  the  respective  organization  and  powers  ofj 
these  tribunals,  the  manner  of  exercising  their  powers,  and  the  quali- 
fications required  of  the  judicial  functionaries. 

SECTION   II. THE  SUPREME  COURT  OF  JUSTICE, 

Art.  82.  To  be  Chief  Justice  or  associate  justice  of  the  Supreme 
Court  it  is  required : 

1.  To  be  a  Cuban  by  birth. 

2.  To  be  over  35  years  of  age. 

3.  To  be  in  the  full  enjoyment  of  civil  and  political  rights,  and] 
not  to  have  been  condemned  to  any  corporal  punishment  for  common 
offenses. 

4.  To  have  in  addition  to  the  foregoing  qualifications  any  one  of 
the  following: 

To  have  practiced  in  Cuba,  during  ten  years  at  least,  the  profes- 
sion of  lawyer ;  or  have  discharged  for  the  same  length  of  time  judi- 
cial functions;  or  have  taught  law  for  the  same  number  of  years  in 
an  official  establishment. 

1  Organic  Law    (on  the  judicial  power)    of  27  January   1909. 


CUBA.  167 

The  following  persons  are  also  eligible  for  the  positions  of  Chief 
Justice  or  associate  justices  of  the  Supreme  Court,  even  if  not  having 
the  qualifications  set  forth  in  Nos.  1,  2  and  3  of  this  article: 

a.  Those  who  have  served  in  the  judiciary  for  the  time  deter- 
mined by  law  in  a  position  of  equal  or  immediately  inferior  category. 
h.  Those  who.  previous  to  the  promulgation  of  this  Constitution, 
served  as  justices  of  the  Supreme  Court  of  the  Island  of  Cuba. 

The  time  of  service  in  the  judiciary  shall  be  computed  as  time  of 
practice  of  law  for  the  purpose  of  qualifying  the  lawyers  to  be 
appointed  justices  of  the  Supreme  Court. 

Airr.  88.  The  Supreme  Court  shall  have  the  following  attributions, 
in  addition  to  those  already  vested  or  hereafter  to  be  vested  in  it: 

1.  To  take  cognizance  of  cases  on  a  writ  of  error. 

2.  To  decide  conflicts  of  jurisdiction  between  courts  immediateh^ 
inferior  to  it,  or  not  having  a  common  superior. 

3.  To  take  cognizance  of  the  cases  to  which  the  State  on  the  one 
side  and  the  provinces  or  municipalities  on  the  other  are  parties. 

4.  To  decide  as  to  the  constitutionalit}'  of  the  laws,  decrees  and 
regulations  when  a  question  to  that  effect  is  raised  by  any  party. 

SECTION   III. GENERAL.   RULES    REGARDING   THE    ADMINISTRATION    OF 

JUSTICE. 

Art.  84.  Justice  shall  be  administered  gratuitously  throughout  the 
entire  territory'  of  the  Republic. 

Art.  85.  The  courts  shall  take  cognizance  of  all  cases,  whether 
civil,  criminal,  or  between  the  government  and  private  parties. 

Art.  86.  Xo  judicial  commissions  or  extraordinary  tribunals,  no 
matter  under  what  name,  shall  ever  be  created. 

Art.  87.  Xo  functionary  of  the  judicial  order  shall  be  suspended  or 
removed  from  his  office  except  for  crime  or  some  other  grave  cause, 
fully  proven,  and  always  after  being  heard.  Xor  shall  he  be  trans- 
ferred without  his  consent  to  any  other  place,  unless  it  is  for  the 
manifest  benefit  of  the  public  service. 

Art.  88.  All  judicial  functionaries  shall  be  personally  responsible, 
in  the  manner  and  form  determined  by  law.  for  the  violations  of  law 
which  they  may  connnit. 

Art.  89.  The  salaries  of  judicial  functionaries  shall  not  be  changed 
except  at  the  end  of  periods  of  more  than  five  years,  and  by  means 
of  a  law.  The  law,  however,  shall  not  give  different  salaries  to  posi- 
tions whose  rank,  category  and  functions  are  equal. 

Art.  90.  The  courts  for  the  forces  of  land  and  sea  shall  be  governed 
by  a  special  organic  law.^ 


1  Code   of  Military   Procedure  of  27   January   1909. 


168  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Title  XI. — The  Provincial  Government. 

SECTION   I. GENERAL   PROVISIONS. 

Art.  91.  A  province  consists  of  the  municipal  districts  established 
within  its  limits. 

Art.  92.  Each  province  shall  have  a  governor  and  a  provincial 
council  elected  directly  by  the  people,  in  the  manner  and  form  estab- 
lished by  law.^ 

The  number  of  councilors  in  each  province  shall  not  be  less  than 
eight  nor  more  than  twenty. 

SECTION   II. THE  PROVINCIAL  COUNCILS  AND  THEIR  ATTRIBUTIONS. 

Art.  93.  The  provincial  councils  shall  have  power : 

1.  To  resolve  upon  matters  concerning  the  provinces  which, 
under  the  Constitution,  treaties  or  laws,  are  not  within  the  general 
jurisdiction  of  the  State  or  the  exclusive  jurisdiction  of  the  mu- 
nicipal councils. 

2.  To  frame  the  budget  of  their  expenses,  providing  at  the  same 
time  for  the  necessary  revenue  to  meet  them,  provided  that  this  is 
done  in  a  manner  not  inconsistent  with  the  system  of  taxation 
adopted  by  the  State. 

3.  To  contract  loans  for  public  w^orks  of  provincial  interest,  pro- 
vided that  at  the  same  time  sufficient  revenue  is  raised  to  meet  the 
payment  of  interest  and  principal  when  due. 

Such  loans  shall  not  be  carried  into  effect  unless  they  are  ap- 
proved by  two  thirds  of  the  municipal  councils  of  the  provinces. 

4.  To  impeach  before  the  Senate  the  governor  of  their  respective 
province,  in  the  cases  set  forth  in  No.  3  of  Article  47.  Avhen  two  thirds 
of  the  total  number  of  provincial  councilors  decide  in  secret  sessioii 
that  this  should  be  done. 

5.  To  appoint  and  remove,  according  to  law,  the  provincial  em- 
ployees. 

Art.  94.  The  provincial  councils  shall  have  no  power  to  diminish 
or  abolish  revenue  of  permanent  character  without  creating  at  the 
same  time  some  other  revenue  to  take  its  place,  except  in  case  tha 
the  decrease  or  suppression  are  due  to  the  decrease  or  suppression  o 
equivalent  permanent  expenses. 

Art.  95.  The  resolutions  of  the  provincial  councils  shall  be  sent  to 
the  governor  of  the  province.  If  approved,  they  shall  be  signed  by 
him ;  if  not,  they  shall  be  returned  with  his  objections  to  the  council, 
wherein  the  subject  shall  be  again  discussed.  If  after  the  second 
discussion  the  resolution  is  approved  by  two  thirds  of  the  total 
number  of  councilors  it  shall  become  a  law. 


e 

1 


Organic  Law  (on  provinces)  of  2  June  1908. 


CUBA.  16'^ 

If  the  governor  does  not  return  the  resohition  within  ten  days  from 
the  date  of  reference,  it  shall  be  considered  approved  and  shall 
become  a  law. 

Art.  96.  The  resolutions  of  the  provincial  councils  may  be  sus- 
pended by  the  governor  of  the  province  or  by  the  President  of  the 
Republic,  whenever,  in  their  opinion,  they  are  contrary  to  the  Consti- 
tution, the  laws,  or  any  resokitions  passed  by  the  municipal  councils 
in  due  exercise  of  their  functions;  but  the  right  to  take  cognizance  of 
and  pass  upon  the  claims  which  may  arise  out  of  the  said  suspension 
shall  be  reserved  to  the  courts  of  justice. 

Art.  97.  Neither  the  provincial  councils  nor  any  section  or  coni- 

littee,  selected  from  their  uiembers  or  from  persons  not  members. 

lereof,  shall  intervene  in  matters  belonging  to  any  class  of  elections.. 

Art.  98.  The  provincial  councilors  shall  be  personally  responsible 

;fore  the  courts  in  the  manner  determined  by  law  for  whatever  may 

done  by  them  in  the  exercise  of  their  functions. 

ICTION   III. THE    governors    OF   PROVINCES    AND    THEIR    ATTRIBUTIONS.. 

Art.   99.  The  governors   of  provinces  shall  have  the  following" 
(wers : 

1.  To  comply  and  cause  others  to  comply,  as  far  as  their  prov- 
ices  are  concerned,  with  the  laws,  decrees  and  general  rules  and. 

reri^ulations  of  the  nation. 

2.  To  publish  such  resolutions  of  the  provincial  councils  as  have- 
force  of  law,  and  comply  and  cause  others  to  comply  with  them. 

3.  To  issue  orders,  instructions  and  rules  for  the  proper  execu- 
tion of  the  resolutions  of  the  provincial  council,  if  the  latter  has  not- 
done  so  already. 

4.  To  call  the  provincial  councils  to  convene  in  extra  session 
whenever  in  his  own  judgment  the  same  may  be  necessary.  The- 
subjects  to  be  discussed  in  this  session  shall  be  set  forth  in  the  call. 

5.  To  suspend  the  resolutions  of  the  provincial  and  municipal 
councils  in  the  cases  set  forth  in  this  Constitution. 

G.  To  order  the  suspension  of  mayors,  in  case  they  have  exceeded 
their  powers,  violated  the  Constitution  or  the  laws,  acted  in  contra- 
vention to  the  resolutions  of  the  provincial  councils,  or  failed  to  do 
their  duty.  The  suspension  shall  be  reported  to  the  provincial  coun- 
cil in  the  manner  and  form  established  by  law. 

7.  To  appoint  and  remove  the  employees  of  their  offices  in  the 
manner  provided  by  law. 

Art.  100.  The  governors  shall  be  responsible  before  the  Senate  in 
the  cases  set  forth  in  this  Constitution,  and  before  the  courts  of  jus- 
tice, according  to  the  provisions  of  the  law,  in  all  other  classes  of 
offenses. 

88381—19 12 


170  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  101.  The  governors  shall  receive  from  the  provincial  treasury 
a  salary  which  may  be  changed  at  any  time,  but  the  change  shall 
not  take  effect  until  after  the  election  of  a  new  governor  is  held. 

Art.  102.  In  case  of  temporary  or  permanent  vacancy  of  the  posi- 
tion of  governor  of  the  province,  the  president  of  the  provincial  coun- 
cil shall  act  in  his  place.  If  the  vacancy  is  permanent,  the  acting 
governor  shall  continue  in  the  discharge  of  his  duties  as  such  until 
the  end  of  the  term. 

Title  XIL — The  Municipal  Government. 

SECTION   I. GENEKJ-L   PROVISIONS. 

Art.  103.  The  municipal  districts  r:hal]  bo  governed  by  municipal 
councils,  consisting  of  aldermen  or  councilors  directly  elected  by  the 
people,  in  the  number  and  in  the  manner  provided  by  law.^ 

Art.  104.  There  shall  be  in  each  municipal  district  a  mayor  elected 
by  the  people  by  direct  vote  in  the  manner  and  form  established  by 
law. 

SECTION   II. THE    MUNICIPAL    COUNCILS    AND    THEIR    ATTRIBUTIONS. 

Art.  105.  The  municipal  councils  shall  have  power : 

1.  To  resolve  on  all  matters  exclusively  relating  to  their  own 
municipal  districts. 

2.  To  prepare  the  budget  of  their  expenses,  providing  at  the  same 
time  the  necessary  revenue  to  meet  them,  on  condition,  however,  that 
this  is  done  in  a  manner  consistent  with  the  general  system  of 
taxation  of  the  Republic. 

3.  To  resolve  on  the  negotiation  of  loans,  providing  at  the  sami 
time  the  permanent  revenue  necessary  to  meet  the  interest  an 
principal  when  due. 

In  order  that  these  loans  may  be  carried  into  effect,  they  shalll 
have  to  be  approved  by  two  thirds  of  the  electors  of  the  municipal! 
district. 

4.  To  appoint  and  remove  the  municipal  employees  in  the  man 
ner  established  by  law. 

Art.  106.  The  municipal  councils  shall  not  decrease  or  suppress 
any  revenues  of  permanent  character  without  establishing  at  the 
same  time  some  other  revenues  which  may  take  their  place,  except! 
in  case  the  decrease  or  suppression  is  due  to  the  decrease  or  suppres 
sion  of  the  equivalent  permanent  expense. 

Art.  107.  The  resolutions  of  the  municipal  councils  shall  be  re- 
ferred to  the  mayor.  If  approved  by  him,  they  shall  be  authorized 
with  his  signature ;  if  not,  they  shall  be  returned  with  his  objectionai 

1  Organic  Law   (on  municipal  districts)   of  29  May  1908. 


I 


CUBA.  171 

to  the  municipal  council,  wherein  they  shall  be  again  discussed.  If. 
after  a  second  discussion,  two  thirds  of  the  total  number  of  coun- 
cilors vote  in  favor  of  the  resolution,  it  shall  become  a  law. 

When  the  mayor  does  not  return  the  resolution,  within  ten  days 
after  the  date  of  reference,  it  shall  be  considered  approved  and 
become  a  law. 

Art.  108.  The  resolutions  of  the  municipal  councils  may  be  sus- 
pended by  the  mayor,  the  governor  of  the  province,  or  the  President 
of  the  Republic,  when  in  their  opinion  they  are  contrary  to  the  Con- 
stitution, the  treaties,  the  laws,  or  the  resolutions  passed  by  the 
provincial  councils  within  the  sphere  of  their  powers.  But  the  right 
to  take  cognizance  and  pass  upon  the  claims  which  may  arise  out  of 
said  suspension  shall  be  reserved  to  the  courts  of  justice. 

Art.  109.  The  members  of  the  municipal  councils  shall  be  per- 
sonally responsible  before  the  courts  of  justice,  in  the  manner  and 
form  established  by  law,  for  the  acts  done  by  them  in  the  per- 
formance of  their  duties. 

SECTION    III. THE    MAYORS    AND    THEIR    ATTRIBUTIONS    AND    DUTIES. 

Art.  110.  Mayors  shall  have  power : 

1.  To  publish  such  resolutions  of  the  municipal  councils  as  may 
have  force  of  law,  and  execute  and  cause  the  same  to  be  executed. 
I^B     2.  To  administer  the  municipal  affairs,  issuing  orders  and  in- 
flHructions  as  well  as  rules  for  the  better  execution  of  the  resolutions 

If  the  municipal  councils,  whenever  the  latter  may  fail  to  do  so. 
■    3.  To  appoint  and  remove  the  employees  of  their  respective 
pees  in  the  manner  provided  b}^  law. 
"Art.  111.  Mayors  shall  be  personally  responsible  before  the  courts 
of  justice,  in  the  manner  prescribed  by  law,  for  all  acts  performed 
Um  them  in  the  discharge  of  their  functions. 

^BArt.  112.  Each  mayor  shall  receive  a  salary,  to  be  paid  by  the 
municipal  treasury,  which  may  be  changed  at  any  time;  but  such 
change  shall  not  take  effect  until  after  a  new  election  for  mayor  has 
been  held. 

Art.  113.  In  case  of  vacancy,  either  temporary  or  permanent,  of 
the  office  of  mayor,  the  president  of  the  municipal  council  shall  act 
as  mayor. 

Should  the  absence  be  permanent,  the  substitute  shall  act  until 
the  end  of  the  term  for  which  the  mayor  was  elected. 

Title  XIII. — ^The  National  Treasury. 

Art.  114.  All  property  existing  within  the  territory  of  the  Rei)ub- 
''  lie  not  belonging  to  provinces,  municipalities  or  private  individuals 
or  corporations  shall  belong  to  the  State. 


172  CONSTITUTIONS   OF  THE   STATES  AT  WAE. 

Title  XIV. — Amendments  ro  the  Constitution. 

Art.  115.  The  Constitution  shall  not  be  amended,  in  whole  or  in 
part,  except  by  resolution  passed  by  two  thirds  of  the  total  number 
of  members  of  each  house  of  Congress. 

Six  months  after  the  resolution  to  amend  the  Constitution  has 
been  passed,  a  Constitutional  Convention  shall  be  called  to  assemble, 
for  the  exclusive  and  specific  purpose  of  either  approving  or  reject- 
ing the  amendment.  Each  house  shall,  in  the  meantime,  continue 
to  perform  its  duties  with  absolute  independence  of  the  Convention. 

Delegates  to  the  said  Convention  shall  be  elected  by  each  province 
at  the  rate  of  one  for  every  50,000  inhabitants,  in  the  manner  that 
may  be  provided  by  law. 

TRANSITOEY  PROVISIONS. 

First.  The  Republic  of  Cuba  does  not  recognize  any  other  debts 
or  obligations  than  those  legitimately  contracted  in  favor  of  the 
revolution  by  commanders  of  bodies  of  the  liberating  army,  subse- 
quent to  24  February  1895  and  prior  to  19  September  of  the  same 
year,  on  which  date  the  Jimaguayu  Constitution  was  promulgated: 
and  the  debts  and  obligations  contracted  afterwards  by  the  revolu- 
tionary government,  either  by  itself  or  through  its  legitimate  repre- 
sentatives in  foreign  countries.  Congress  shall  examine  said  debts 
and  obligations  and  decide  upon  the  payment  of  those  wdiich  are 
found  legitimate. 

Second.  Persons  born  in  Cuba,  or  children  of  native-born  Cubans 
who,  at  the  time  of  the  promulgation  of  this  Constitution,  are  citi- 
zens of  any  foreign  nation,  shall  not  enjoy  the  rights  of  Cubar 
nationality  without  first  renouncing  expressly  their  foreign  citk 
zenship.  »       J 

Third.  The  time  of  service  of  foreigners  in  the  wars  of  independl 
ence  of  Cuba  shall  be  counted  as  time  of  naturalization  and  resaj 
dence,  for  the  acquisition  of  the  right  granted  to  naturalized  citj 
zens  in  Article  49. 

Fourth.  The  basis  of  population  established  in  relation  to  th| 
election  of  representatives  in  Congress,  and  of  delegates  to  the  Co^ 
stitutional  Convention,  in  Articles  48  and  115,  may  be  changed  b> 
law,  w^henever,  in  the  judgment  of  Congress,  the  change  become? 
necessary  through  the  increase  in  the  number  of  inhabitants,  showj 
by  censuses  to  be  periodically  taken. 

Fifth.  At  the  time  of  the  first  organization  of  the  Senate,  thii 
senators  shall  be  divided  into  two  groups  for  the  purpose  of  thei^ 
renewal. 

Those  forming  the  first  group  shall  cease  in  their  duties  at  tW 
expiration  of  the  fourth  year,  and  those  forming  the  second  grou]| 


CUBA.  173 

at  the  expiration  of  the  eighth  year.  It  shall  be  decided  by  lot  which 
of  the  two  senators  from  each  province  shall  belong  to  either  group. 

The  law  shall  provide  the  method  to  be  followed  in  the  formation 
of  the  two  groups  into  which  the  Chamber  of  Representatives  shall  be 
divided  for  the  purpose  of  its  partial  renewal. 

Sixth.  Ninety  days  after  the  promulgation  of  the  electoral  law, 
which  shall  be  framed  and  adopted  by  the  Constitutional  Convention, 
an  election  shall  be  held  of  the  public  functionaries  provided  by  the 
Constitution,  to  whom  the  transfer  of  the  government  of  Cuba,  in 
conformity  with  the  provisions  of  Order  No.  301  of  Headquarters, 
Division  of  Cuba,  dated  25  July  1900,  is  to  be  made. 

Seventh.  All  laws,  decrees,  regulations,  orders  and  other  provi- 
sions which  may  be  in  force  at  the  time  of  the  promulgation  of  this 
Constitution  shall  continue  to  be  observed,  in  so  far  as  they  do  not 
conflict  with  the  said  Constitution,  until  legally  revoked  or  amended. 


APPENDIX  OF  12  JUNE  1901.^ 
[Preamble.] 


^p  The  Constitutional  Convention,  acting  in  conformity  with  the 
order  of  the  Military  Governor  of  the  Island,  of  25  July  1900,  by 
which  it  was  called  to  assemble,  resolves  to  attach,  and  does  hereby 
attach  to  the  Constitution  of  the  Republic  of  Cuba  adopted  on  21 
February  ultimo,  the  following  Appendix. 

Article  1.  The  government  of  Cuba  shall  never  enter  into  any 
treaty  or  other  compact  with  any  foreign  power  or  powers  which 
will  impair  or  tend  to  impair  the  independence  of  Cuba,  nor  in  any 
way  authorize  or  permit  any  foreign  Power  or  Powers  to  obtain  by 
colonization  or  for  military  or  naval  purposes,  or  otherwise,  lodg- 
ment in  or  control  over  any  portion  of  said  island. 

Art.  2.  That  said  government  shall  not  assume  or  contract  any 
public  debt  to  pay  the  interest  upon  which,  and  to  make  reasonable 
sinking-fund  provision  for  the  ultimate  discharge  of  which,  the 
ordinary  revenues  of  the  island,  after  defraying  the  current  expenses 
of  government,  shall  be  inadequate. 

Art.  3.  That  the  government  of  Cuba  consents  that  the  United 

J  States  may  exercise  the  right  to  intervene  ^  for  the  preservation  of 
Cuban  independence,  the  maintenance  of  a  government  adequate  for 

^  the  protection  of  life,  property  and  individual  liberty,  and  for  dis- 
charging the  obligations  with  respect  to  Cuba  imposed  by  the  Treaty 

^'  of  Paris  on  the  United  States,  now  to  be  assumed  and  undertaken 
by  the  government  of  Cuba. 


\f,        ^  See  above,  p.  151,  note  4. 

'This  right  was  exercised  in  August  1906,  when  an  insurrection  broke  out,  the  pro- 
^!    visional  government  being  undertaken  by  a  United  States  Commission,  which  relinquished 
its  office  on  24  January  1909. 


174  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  4.  That  all  acts  of  the  United  States  in  Cuba  during  its 
military  occupancy  thereof  are  ratified  and  validated,  and  all  lawful 
rights  acquired  thereunder  shall  be  maintained  and  protected. 

Art.  5.  That  the  government  of  Cuba  will  execute,  and,  as  far 
as  necessary,  extend  the  plans  already  devised,  or  other  plans  to  b 
mutually  agreed  upon,  for  the  sanitation  of  the  cities  of  the  Island 
to  the  end  that  a  recurrence  of  epidemic  and  infectious  diseases  ma] 
be  prevented,  thereby  assuring  protection  to  the  people  and  com 
merce  of  Cuba,  as  w^ell  as  to  the  commerce  of  the  southern  ports  o: 
the  United  States  and  the  people  residing  therein. 

Art.  6.  That  the  Isle  of  Pines  shall  be  omitted  from  the  pro 
posed  constitutional  boundaries  of  Cuba,  the  title  thereto  being  lef 
to  future  adjustment  by  treaty. 

Art.  T.  That  to  enable  the  United  States  to  maintain  the  in 
dependence  of  Cuba,  and  to  protect  the  people  thereof,  as  well  as  foi 
its  own  defense,  the  government  of  Cuba  will  sell  or  lease  to  thi 
United  States  lands  necessary  for  coaling  or  naval  stations,  at  cer 
tain  specified  points,  to  be  agreed  upon  with  the  President  of  thi 
United  States.^ 

Art.  8.  That,  by  way  of  further  assurance,  the  government  o 
Cuba  will  embody  the  foregoing  provisions  in  a  permanent  treat 
with  the  United  States.^ 


1  Under  treaties  signed  2  July   1903,  the  United   States  has  coaling  stations  in   th 
Bay  of  Guantanamo  and  Bahia  Honda,  for  which  $2,000  is  paid  annually. 
*  See  above,  p.  151,  note  3. 


EGYPT. 

On  13  February  1841    (21  Dulkaada  1256),  Egypt  became  the 
lereditary  possession  of  the  Sultan  of  the  Ottoman  Empire.     In 
5G6  and  1867  imperial  firmans  extended  the  attributions  of  the 
[hedive  so  as  to  give  him  absolute  power  to  do  whatever  was  neces- 
iry  for  the  internal  administration  of  Egypt.     An  Assembly  was 
stablished  to  deliberate  upon  the  domestic  interests  of  the  country 
id  a  regulation  in  61  articles  determining  the  attributions  of  the 
issembly  was  promulgated  by  the  Khedive  20  November  1866.^    In 
J83  the  British  government  undertook  the  political  and  administra- 
te reorganization  of  the  country  and  on  1  May  an  Organic  Law 
^as  promulgated  by  the  Khedive  creating  a  number  of  representative 
istitutions,  including  a  Legislative  Council,  a  General  Assembly 
id  Provincial  Councils.^    But  these  bodies  were  mainly  consultative 
id  the  Khedive  and  his  ministers  retained  most  of  the  legislative 
)wer.    An  electoral  law  in  46  articles  was  promulgated  the  same 
ite  (24  Jomada  I  1300).    These  two  laws  were  replaced^  in  July 
H3  by  the  present  Organic  and  Electoral  Laws,  by  which  for  the 
jgislative  Council  and  General  Assembly  was  substituted  a  new 
)dy  called  the  Legislative  Assembly.* 


ORGANIC  LAW  OF  21  JULY  1913.= 
[Preamble.] 

We,  Khedive  of  Egypt, 

Whereas  it  is  Our  desire  to  endow  Our  country  with  an  enlightened 
system  of  government,  which,  while  assuring  good  administration, 
the  protection  of  the  liberty  of  the  individual  and  the  development 
of  progress  and  civilization,  shall  be  specially  adapted  to  the  country ; 

1  French  text  in  StaatsarcMv,  41   (no.  7741). 

2  French  text  is  in  the  British  and  Foreign  State  Papers,  74  :  pp.  1095-1103,  and  F.  R. 
Dabeste  et  p.  Dareste,  Les  Constitutions  modernes  (3d  edition,  Paris,  1910),  vol.  ii, 
pp.  346-35G. 

8  See  Article   54  below. 

♦These  introductory  paragraphs  are  based  upon  Darkste,  op.  oit.,  pp.  345-346,  and 
The  Statesman's   Year  Book    (1918). 

"Translation  taken  from  the  British  Parliamentary  Paper  Egypt,  No.  SA  (191S)  (Lon- 
don, 1013)  [Cd.  6878],  which  also  contains  a  translation  of  the  Electoral  Law  of  the 
same  date.  French  text  with  the  commentary  of  the  British  Consul-General  at  Cairo  in 
the  British  and  Foreign  State  Papers,  106  :  pp.  917-941.  The  date  of  the  Khedive's  de- 
cree is  1  .Tuly  1913  (26  Rajab  1.331),  but  the  law  did  not  come  into  force  until  21  July 
(see  Article  55). 

175 


176  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Whereas  such  a  result  can  only  be  obtained  by  the  loyal  cooperation 
of  all  classes  and  the  coordination  of  all  interests  with  a  view  to  the 
calm  and  considered  development  of  a  system  of  government  which, 
without  being  a  servile  imitation  of  Western  methods,  shall  be  capa- 
ble of  advancing  the  prosperity  of  the  Egyptian  people ; 

And  whereas  it  is  consequently  Our  intention  to  introduce  amend- 
ments into  the  Organic  Law  with  the  object  of  improving  Our  legis- 
lative system,  substituting  for  the  present  Organic  Laws,  Laws  the 
objects  of  which  are  the  fusion  in  a  single  Assembly  of  the  Legislative 
Council  and  the  General  Assembly,  the  adoption  of  a  wider  and  more 
rational  method  of  election,  the  increase  of  the  number  of  representa- 
tives entrusted  with  a  share  in  the  process  of  legislation,  the  grant 
to  the  new  Assembly,  and  the  organization  of  a  procedure  of  con- 
sultation and  initiative  such  as  shall  enable  Our  government  to  profit 
to  a  greater  extent  by  the  opinions  and  suggestions  of  the  new 
Assembly  with  reference  to  the  management  of  the  internal  affairs  of 
Egypt; 

Hereby  decree :  i 

Part  I. 

Article  1.  There  shall  be :  , 

1.  A  Legislative  Assembly;  and 

2.  A  Provincial  Council  in  each  moodirieh.^ 

Part  II. — Composition   of  the  Legislative  Assembly. 

Art.  2.  The  Legislative  Assembly  shall  be  composed  of  ex  ofjlcio 
members,  of  elected  members  and  of  nominated  members. 

The  ministers  shall  be  ex  officio  members. 

There  shall  be  sixty-six  elected  members,  one  of  whom  shall  be 
elected  by  the  Assembly  as  vice-president.  These  members  shall  be 
elected  in  accordance  with  the  forms  and  conditions  prescribed  by 
the  Electoral  Law. 

There  shall  be  seventeen  nominated  members,  that  is  to  say,  a  presi- 
dent, a  vice-president  and  fifteen  members,  chosen  with  a  view  to 
securing  the  representation  of  minorities  and  interests  not  repre- 
sented by  the  elected  portion  of  the  Assembly. 

The  elected  and  nominated  members  shall  be  entitled  to  an  allow- 
ance. 

A  decree  promulgated  at  the  instance  of  Our  Council  of  Ministers 
shall  determine  the  composition  of  the  Legislative  Assembly  after 
the  election. 

*  That  is.  In  each  province. 


I 


EGYPT.  177 


Art.  3.  The  seats  of  the  elected  members  shall  be  assigned  as 
follows :  ^ 

Cairo 4 

Alexandria 3 

Gliarbieb 7 

Menoufieh 5 

Dakalieli 5 

Beliera 5 

Sharkieh 5 

Kalioubieli 3 

Gizeh 3 

Beni-Souef 2 

Fayoiim 6 

Minieli 4 

Assiut 5 

Girgeh 4 

Kena 4 

Assuan 1 

Port  Said  and  Ismailia 1 

Suez . 1 

Damietta 1 

The  fifteen  members  to  be  nominated  by  the  government  shall  be 
losen  in  such  a  way  as  to  assure  to  the  different  classes  of  the  popu- 
^tion  a  minimum  representation  in  the  Assembly  according  to  the 
following  table: 

Copts 4 

Arab  Bedouins 3 

Business  men 2 

Medical  men 2 

Engineer 1 

Representative  of  general  or  religious  education 1 

Representative  of  the  municipalities 1 

Art.  4.  The  mandate  of  the  nominated  and  elected  members  of  the 
Legislative  Assembly  shall  last  six  years.  The  nominated  and  elected 
members  shall  respectively  be  renewed  by  thirds  every  two  years. 
The  first  partial  renewal  of  the  General  Assembly  shall  take  place 
after  a  period  of  two  years  and  the  second  after  a  period  of  four 
years.  The  selection  of  the  outgoing  members  shall  be  made  by  lot. 
The  same  rules  shall  apply  in  the  case  of  the  renewal  of  the  Assembly 
as  a  whole. 

Art.  5.  The  members  of  the  Legislative  Assembly  shall,  at  the  first 
sitting  or  before  acting  in  their  office,  take  an  oath  of  fidelity  to  Our 
Person  and  of  obedience  to  the  laws  of  the  land. 

^The  spoiling  of  those  propor  naraps  has  been  made  to  conform  to  Funk  and  Wagnallt 
New  Standard  Dictionary  of  the  English  Language  (New  York  and  London,  1915.) 


178  CON-STITUTIONS   OF  THE  STATES  AT  WAE. 

Art.  6.  Except  for  the  cases  of  forfeiture  mentioned  in  the  Elec 
toral  Law,  members  of  the  Assembly  shall  only  be  deprived  of  their 
office  by  decree  issued  at  the  instance  of  Our  Council  of  Ministers 
in  pursuance  of  a  resolution  passed  by  the  Assembly  by  a  three 
quarters  majority. 

Art.  T.  In  the  case  of  a  seat  in  the  Assembly  becoming  vacant,  a 
new  election  shall  take  place  or  a  new  member  be  nominated,  as  the 
case  may  be,  within  three  months  at  the  latest.  The  mandate  of  the 
new  member  shall  last  only  until  the  expiry  of  the  mandate  of  th© 
member  whom  he  replaces. 

Art.  8.  The  Legislative  Assembly  may  be  dissolved  by  Us  at  any 
time  by  decree  issued  at  the  instance  of  Our  Council  of  Ministers. 

In  case  of  dissolution,  the  new  nominations  and  elections  shall  take 
place  within  three  months. 

The  selection  of  the  members  to  go  out  at  the  first  and  second 
partial  renewals  of  the  new  Assembly  shall  be  made  by  lot. 

Such  partial  renewals  shall  always  take  place  in  the  month  of 
January  following  the  completion  of  the  period  of  U\o  years  fixed 
by  Article  4. 

Part  III. — Powers  and  Attributions  of  the  Legislative  Assembly. 

Art.  9.  No  law  shall  be  promulgated  without  having  been  pre 
viously  submitted  to  the  Legislative  Assembly  for  its  opinion. 

All  measures  respecting  the  internal  affairs  of  Egypt  which  relate 
to  the  organization  of  authority  in  the  State  or  affect  the  civil  or 
political  rights  of  the  generality  of  its  inhabitants,  as  well  as  allj 
decrees  regulating  matters  of  public  administration,  shall  be  con- ' 
sidered  as  "  laws." 

All  other  measures  may  lawfully  be  taken  under  decrees  promul- 
gated by  Us  on  the  advice  of  Our  Council  of  Ministers. 

Art.  10.  No  law  or  decree  shall  be  promulgated  without  being 
countersigned  by  the  president  of  the  Council  of  Ministers  and  the 
ministers  concerned. 

Art.  11.  The  Assembly  shall  possess  the  right  of  initiating  legis- 
lation except  as  concerns  the  constitutional  laws. 

When  the  Assembly  has  been  seized  by  one  or  more  of  its  members  i 
of  a  bill,  it  shall  decide  at  a  public  sitting  whether  or  not  it  shall  be 
taken  into  consideration. 

In  the  case  of  its  being  taken  into  consideration,  the  proposed  text 
shall  be  submitted  to  a  committee  and  shall  thereafter  be  examined 
by  the  Assembly  sitting  in  committee.  In  the  case  of  approval,  the 
bill  shall  be  transmitted  to  the  Council  of  Ministers. 

If  the  Council  approves  the  bill,  it  shall  send  it  back  to  the  As- 
sembly with  or  without  amendments,  in  order  that  it  may  there  be^ 
dealt  with  according  to  the  usual  forms.    In  the  contrary  event,  the) 


EGYPT.  179 

Council  of  Ministers  shall  notify  the  Assembly  of  the  reasons  for  its 
decision.  Such  reasons  shall  not  be  made  the  ground  of  any  discus- 
sion. 

In  no  case  shall  the  bill  be  discussed  by  the  Assembly  at  a  public 
sitting  without  having  been  previously  approved  by  the  Council  of 
Ministers. 

Art.  12.  When  the  Legislative  Assembly  is  seized  by  the  govern- 
ment of  a  bill,  it  may  accept  it  without  amendment,  it  may  amend  it, 
or  it  may  reject  it. 

Art.  13.  If  the  government  does  not  agree  with  the  Assembly,  it 
shall  send  back  the  bill,  together  with  a  statement  of  its  views. 

The  Assembly  may  discuss  the  explanations  of  the  government,  and 
if  it  persists  in  its  disagreement,  a  conference  shall  take  place  between 
the  Council  of  Ministers  and  the  Assembly,  sitting  in  committee. 

Art.  14.  If  the  conference  does  not  result  in  an  agreement,  the 
examination  of  the  bill  under  consideration  shall  be  adjourned  for  a 
period  of  fifteen  days.  At  the  end  of  such  period  the  bill  shall  again 
be  submitted  to  the  Assembly,  either  in  its  original  form,  or  with  such 
alterations  as  the  government  considers  it  advisable  to  make  in  it; 
so,  nevertheless,  that  the  government  shall  not  depart  from  the  prin- 
iple  of  the  original  bill  or  from  that  of  the  amendments  which  have 
een  introduced  into  it. 

Art.  15.  If  after  the  adjournment  provided  for  in  Article  14  the 
Assembly  and  the  government  are  still  in  disagreement,  the  latter 
may  either  dissolve  the  Assembly,  or  may  promulgate  the  law  in  the 
form  in  w^hich  it  last  put  it  forward,  or  with  such  modifications  as  it 

I  may  think  right  to  accept. 
The  government  shall  inform  the  Assembly  of  the  reasons  which 
tave  led  it  to  disregard  the  opinion  of  the  Assembly. 
Art.  16.  In  the  event  of  the  dissolution  of  the  Legislative  As- 
sembly, under  the  provisions  of  Article  15,  on  account  of  the  con- 
tinuance of  disagreement  between  the  government  and  the  Assembly, 
the  bill  which  has  given  rise  to  such  disagreement  may  be  submitted 
to  the  new  Assembly  at  its  first  sitting,  and  shall  in  that  case  take 
precedence  of  all  questions  except  the  budget.  The  bill  thus  sub- 
mitted shall  be  considered  as  a  new  bill  and  shall  be  examined  in  the 
ordinary  manner. 

Art.  17.  No  new  direct  tax,  land  tax,  or  personal  tax,  shall  be 
imposed  in  Egypt  without  having  been  discussed  and  voted  by  the 
Legislative  Assembly. 

Art.  18.  The  Legislative  Assembly  shall  be  asked  for  its  opinion 
as  to : 

1.  Every  public  loan. 

2.  Every  general  scheme  for  the  construction  or  suppression  of 
canals,  drains,  or  railways  which  affects  several  provinces. 


180  CONSTITUTIONS  OF  THE  STATES  AT  WAE. 

3.  The  general  classification  of  the  land  in  the  country,  from  tha  J 
point  of  view  of  the  land  tax.  * 

The  government  shall,  if  the  case  arises,  communicate  to  the  As- 
sembly the  reasons  for  which  it  has  not  accepted  its  opinion. 

Art.  19.  The  Legislative  Assembly  may  express  opinions  or  pass 
resolutions,  either  spontaneously  or  upon  a  request  from  the  govern- 
ment, relating  to  matters  or  bills  submitted  for  its  consideration.  The 
matters  on  which  the  Assembly  may  spontaneously  express  opinions 
and  pass  resolutions  as  regards  the  internal  affairs  of  Egypt  are 
economic,  administrative  and  financial  matters. 

The  government  shall,  if  the  case  arises,  communicate  to  the  As- 
sembly the  reasons  for  which  it  has  not  accepted  any  opinion  ex- 
pressed or  resolution  passed  by  it. 

Art.  20.  The  services  of  the  civil  list,  the  tribute,  and  the  public 
debt,  and,  generally,  the  charges  and  obligations  resulting  from  the 
law  of  liquidation  or  from  international  agreements,  as  well  as 
questions  concerning  foreign  Powers  and  the  relations  of  Egypt  with 
them  shall  not  be  made  the  subject  of  any  decision,  discussion,  obser- 
vation, or  representation. 

Questions  relating  to  the  nomination,  promotion,  transfer,  prosecu- 
tion, or  dismissal  of  a  public  servant,  or  of  any  person  entrusted 
with  a  public  duty,  or  with  any  other  measure  affecting  any  such 
public  servant  or  persons  in  his  individual  capacity,  shall  equally  be 
outside  the  competence  of  the  Assembly. 

Art.  21.  Every  resolution  passed  by  the  Legislative  Assembly 
which  is  not  in  conformity  with  the  provisions  of  the  present  Law 
shall  be  null  and  void. 

Art.  22.  The  general  budget  of  revenue  and  expenditure  shall  be 
communicated  to  the  Legislative  Assembly  one  month  at  least 
before  the  end  of  the  financial  year. 

The  Legislative  Assembly  may  express  opinions,  submit  observa- 
tions, or  pass  resolutions  on  any  section  of  the  budget  except  those 
referring  to  questions  mentioned  in  Article  19. 

Such  opinions,  observations,  or  resolutions  shall  be  transmitted 
to  the  Minister  of  Finance,  who  shall,  if  the  case  arises,  give  his 
reasons  for  the  rejection  of  the  suggestions  of  the  Assembly. 

The  Legislative  Assembly  shall  have  the  right  to  discuss  the  ex- 
planations thus  furnished  and  to  formulate  new  observations. 

Art.  23.  In  any  event  the  budget  shall  be  put  into  force  by  decree 
issued  at  the  instance  of  our  Council  of  Ministers  five  days  before 
the  end  of  the  financial  year  at  the  latest. 

During  the  month  following  the  publication  of  the  budget,  the 
Ministry  of  Finance  shall  furnish  the  Legislative  Assembly  with 
reasons  as  to  any  new  observations  which  have  not  been  accepted. 


EGYPT.  181 

Art.  24.  The  general  accounts  of  the  Department  of  Finance 
drawn  up  for  the  past  financial  year  shall  be  presented  annually  to 
the  Legislative  Assembly  for  its  opinion,  observations  and  criticisms 
four  months  at  least  before  the  introduction  of  the  new  budget. 

Art.  25.  Every  Egyptian  may  address  Us  by  petition. 

Such  petitions  sliall  be  forwarded  to  the  president  of  the  Legis- 
lative Assembly  and  shall  after  examination  by  the  Assembly  be 
rejected  or  taken  into  consideration. 

All  petitions  which  are  taken  into  consideration  shall  be  sent,  for 
such  action  as  the  case  may  call  for,  to  the  minister  concerned,  who 
shall  inform  the  Assembly  of  the  action  taken. 

Art.  27.  The  members  of  the  Legislative  Assembly  shall  be  en- 
titled to  put  questions  to  ministers  with  regard  to  administrative 
matters  of  general  interest,  subject  to  the  following  conditions: 

1.  They  shall  at  least  five  days  in  advance  send  to  the  secre- 
tariat of  the  Legislative  Assembly  a  written  notice  containing  the 
entire  text  of  the  question. 

Nevertheless,  in  case  of  urgency,  and  with  the  approval  of  the 
president  of  the  Assembly  and  of  the  minister  concerned,  a  question 
may  be  put  after  twenty-four  hours'  notice  in  writing. 

2.  The  president  of  the  Legislative  Assembly,  sitting  with  the 
two  vice-presidents,  shall  reject  or  return  for  modification  any  ques- 
tion w^hich  in  his  opinion  contains  improper  expressions  or  personal 
attacks,  or  is  of  a  nature  to  provoke  animosity  betw^een  the  different 
elements  of  the  population,  as  also  any  question  affecting  the  rela- 
tions and  arrangements  with  the  Powers. 

Art.  28.  The  ministers  or  their  representatives  shall  reply  to  the 
questions  thus  asked;  they  may,  nevertheless,  refuse  to  reply  to  a. 
question  if  they  consider  that  to  do  so  would  be  contrary  to  the  pub- 
lic interest. 

Art.  29.  The  replies  of  the  ministers  or  of  their  representatives 
shall  not  be  made  the  subject  of  any  discussion.  Nevertheless,  the 
members  of  the  Assembly  shall  have  the  right,  with  the  approval  of 

Iie  president,  of  putting  supplementary  questions,  but  only  with  a 


Part  IV. — The  Procedure  of  the  Legislative  Assembly. 


Art.  30.  The  Legislative  Assembly  shall  meet  annually  on  1  No- 
vember, and  shall  continue  its  session  till  the  end  of  May  the  follow- 
ing year. 

It  may  also  be  summoned  by  Us  whenever  circumstances  require  it 
to  meet. 


182  CONSTITUTIONS   OF   THE   STATES  AT  WAK. 

Neither  ordinary  nor  extraordinary  sessions  shall  terminate  until 
the  Legislative  Assembly  has  communicated  to  the  government  its 
opinion  on  all  the  questions  submitted  to  it. 

Art.  31.  Ministers  shall  have  the  right  to  be  assisted  or  represented 
for  special  matters  by  high  officials  of  their  department. 

Art.  32.  The  sittings  of  the  Legislative  Assembly  shall  be  public, 
subject  to  the  provisions  of  such  standing  orders  as  the  Assembly 
shall  pass  with  respect  thereto. 

Conferences  with  the  Council  of  Ministers  and  meetings  of  the 
Assembly  when  sitting  in  committee  shall  not  be  public. 

Art.  33.  The  Legislative  Assembly  can  not  take  valid  decisions 
unless  two  thirds  at  least  of  its  members,  excluding  those  on  regular 
leave  of  absence,  are  present. 

Except  when  a  three-quarters  majority  is  required,  resolutions 
shall  be  passed  by  majority  of  votes. 

When  the  votes  are  equally  divided,  the  president  shall  have  a 
casting  vote. 

Votes  shall  not  be  given  by  proxy.  Voting  shall  be  open,  unless 
the  Assembly  decides  in  the  public  interest  that  it  shall  be  by  ballot. 

Art.  34.  The  president  of  the  Legislative  Assembly  shall  appoint 
the  staff  required  for  the  despatch  of  the  business  of  the  Assembly. 

Part  V. — Attributions  of  Provincial  Councils. 

Art.  35. — a.  The  Provincial  Council  may  vote  temporary  taxes  in 
the  moodirieh  to  cover  expenditure  for  public  purposes,  including 
education. 

It  may  assign  the  whole  of  these  taxes  to  education.  Within  a 
limit  of  5  per  cent,  of  the  whole  total  of  the  land  tax  in  the  moodi- 
rieh, the  decision  of  the  Council  shall  be  final,  both  with  regard  to 
its  imposition  and  to  its  allocation,  and  shall  form  the  subject  of  a 
decree. 

In  the  event  of  the  Council  exceeding  this  limit,  its  decision  as 
regards  the  excess  shall  not  be  final  until  it  has  been  approved  by  the 
government  and  sanctioned  by  decree. 

The  rules  regarding  public  money  shall  apply  to  the  levy,  safe- 
keeping and  expenditure  of  the  proceeds  of  the  taxes  in  question. 

The  Council  shall  have  the  right  to  control  the  expenditure  of  all 
that  portion  of  the  proceeds  of  which  it  has  not  disposed  directly, 
whether  by  virtue  of  the  present  Law  or  some  other  law. 

h.  Except  as  provided  for  in  the  annual  budget,  which  shall  be 
voted  by  the  Council  for  a  period  of  twelve  months,  commencing  on 
1  January,  and  be  approved  by  the  Minister  of  the  Interior,  no  pay- 
ment out  of  the  funds  destined  to  be  spent  directly  by  the  Council 


EGYPT.  183 

shall  be  made  without  the  special  authority  of  the  Minister  of  the 
Interior. 

c.  The  Ministry  of  Finance  has  the  right  to  inspect  and  verify 
the  accounts  of  the  Provincial  Councils. 

d.  The  Council  may,  through  its  president,  demand  from  the 
public  services  of  the  moodirieh  full  information  on  the  subject  of 
the  work  for  which  they  are  responsible. 

Art.  36.  Independently  of  the  attributions  conferred  on  it  by  the 
express  provisions  of  the  present  Law  or  of  any  other  law,  the  Coun- 
cil may  be  consulted  by  the  moodir  or  by  any  minister  on  any  ques- 
tion as  to  which  the  moodir  or  minister  thinks  it  expedient  to  obtain 
its  opinion.  The  Council  may,  further,  submit  spontaneously  to  the 
moodir,  or  through  the  latter  to  any  minister,  or  to  the  Council  of 
Ministers,  representations  on  the  subject  of  the  general  needs  of  the 
province,  and  notably  on  the  subject  of  agriculture,  irrigation,  means 
of  communication,  public  security,  public  health  and  education. 

Nevertheless : 
a.  The  Provincial  Council  shall  not  be  competent  to  take  cogni- 
zance of  any  question  coming  within  the  scope  of  the  local  commis- 
sions or  of  the  mixed  local  commissions  set  up  in  the  moodirieh. 

h.  Tlie  Provincial  Council  shall  not  deliberate  on  the  appoint- 
ment, transfer,  discipline,  or  dismissal  of  public  servants. 

Art.  37. — 1.  The  preliminary  opinion  of  the  Provincial  Council 
shall  be  necessary  as  to  the  following  questions : 

(1)  The  alteration  of  the  boundaries  of  the  moodirieh; 

(2)  The  establishment  or  suppression  of  a  local  commission 
within  the  moodirieh; 

(3)  The  establishment,  transfer,  or  suppression  of  government 
schools  or  hospitals  and  public  cemeteries; 

(4)  The  purchase,  sale,  exchange,  construction,  repairing,  or 
change  in  the  purpose  for  which  buildings  and  immovable  property 
belonging  to  the  State  in  the  moodirieh  are  used ; 

(5)  The  application  of  a  law  to  a  bandar  or  village  in  the 
moodirieh  or  the  decision  to  apply  it  no  longer ; 

(6)  The  regulation  of  the  application  of  a  law  in  a  bandar  or 
village  in  the  moodirieh; 

(7)  Alterations  in  administrative  and  judicial  circumscrip- 
tions in  the  moodirieh; 

(8)  Alterations  in  the  boundaries  of  the  bandars  or  villages; 
the  creation  of  new  villages;  the  suppression  of  villages  existing  in 
the  moodirieh; 

(9)  The  construction  of  agricultural  railways  in  the  moodirieh 
and  the  fixing  of  their  route; 

(10)  The  grant  of  concessions  in  the  moodirieh  either  to  com- 
panies or  private  individuals. 


184  CONSTITUTIONS   OF   THE  STATES  AT   WAR. 

2.  The  consent  of  the  Provincial  Council  shall  be  obligatory  as 
regards  the  following  measures,  before  any  steps  are  taken  to  exe- 
cute them : 

a.  The  promulgation,  modification,  or  abrogation  by  the  moodir 
of  a  local  regulation,  whether  for  the  whole  or  a  part  of  the  mood- 
irieh,  or  for  certain  bandars  or  villages  of  the  moodirieh. 

h.  The  application  of  an  order  or  regulation  to  a  bandar  or 
village,  or  the  decision  to  apply  to  the  order  no  longer. 

c.  The  regulation  of  the  application  of  an  order  or  regulation  in 
a  bandar  or  village  of  the  moodirieh. 

Nevertheless,  the  provisions  of  Sections  «,  h  and  c  {supra)  shall 
not  apply  to  provisional  orders  and  regulations  enacted  or  applied 
in  the  case  of  an  epidemic  or  other  circumstances  having  an  urgent 
character.  In  this  case  the  moodir  shall  at  the  first  meeting  of  the 
Coimcil  inform  it  of  the  reasons  for  which  its  consent  has  been  dis- 
pensed with.  In  the  same  way  the  said  provisions  shall  not  apply 
to  questions  coming  within  the  scope  of  a  local  commission  or  of  a 
mixed  local  commission  of  the  moodirieh.  or  to  measures  provided 
for  by  a  law  on  which  the  Legislative  Assembly  has  expressed  its 
opinion. 

Art.  38.  There  shall  be  submitted  to  the  Provincial  Council  for  its 
opinion  the  annual  program  of  the  Ministry  of  Public  Works,  con- 
cerning the  following  matters : 

a.  The  construction  of  canals  and  public  drains. 
h.  The  cleaning  out  of  canals  and  public  drains. 
In  the  case  of  the  Ministry  of  Public  Works  judging  it  neces- 
sary to  modify  in  any  way  a  resolution  of  the  Provincial  Council, 
it  must  consult  the  Council  on  the  modification. 
c.  The  rotation  of  irrigation  during  low  water. 
Nevertheless,  the  fact  of  submitting  to  the  Council  the  program 
of  rotation  shall  not  deprive  the  Ministry  of  Public  Works  and  its 
agents  of  the  right  to  modify  the  order  of  rotation,  in  case  of 
urgency,  without  first  asking  the  opinion  of  the  Provincial  Council. 
In  this  case  the  Council,  at  its  fit-st  meeting,  shall  be  informed  of  the 
reasons  which  have  led  to  the  modification. 

Art.  39.  From  the  coming  into  force  of  the  present  Law,  no  fair 
or  market  shall  be  held  at  any  place  in  the  moodirieh  where  it  was 
not  held  periodically  before  this  date,  unless  authority  has  pr% 
viously  been  given  by  the  moodirieh,  with  the  consent  of  the  PrJ 
vincial  Council.  " 

Fairs  and  markets  held  in  breach  of  the  provisions  of  the  presenti 
article  shall  be  closed  by  the  moodir  by  administrative  service. 

Nevertheless : 
a.  The  present  article  shall  not  be  applicable  to  markets  estab- 
lished by  virtue  of  a  concession  granted  before  the  entering  into 
force  of  the  present  Law ; 


EGYPT.  185 

6.  No  authorization  shall  be  accorded  under  the  present  article 
contrary  to  the  terms  of  a  concession  already  granted ; 

c.  No  authorization  granted  under  the  present  article  shall  dis- 
pense with  the  obligation  to  conform  with  all  sanitary  or  other 
regulations  in  force  in  fairs  or  markets. 
I  Art.  40.— «.  The  Provincial  Council  shall  fix,  subject  to  the  ap- 
proval of  the  Ministry  of  the  Interior,  the  number  of  ghaffirs  neces- 
sary to  guard  each  bandar  or  village  in  the  moodirieh,  except  those 
having  a  local  commission  or  a  mixed  local  commission ;  it  shall  also 
determine  the  different  classes  of  ghaffirs; 

1).  The  Council  shall  fix,  under  the  same  conditions,  the  wages  of 
the  ghaffirs.  taking  into  consideration  the  rate  of  wages  current  in 
the  different  parts  of  the  moodirieh; 

c.  If,  before  1  January  of  each  year  the  Council  has  not  altered 
the  number  of  ghaffirs  in  any  bandar  or  village,  or  the  rate  of  their 
wages,  the  number  of  ghaffirs  employed  in  the  bandar  or  village  and 
the  rate  of  their  wages  shall  remain  the  same  as  in  the  preceding 
year. 

Nevertheless,  the  Ministry  of  the  Interior  may,  after  having' 
taken  the  opinion  of  the  Council,  increase  the  number  of  ghaffirs  in 
any  bandar  or  village,  if  the  increase  appears  to  him  necessary  in  the 
interests  of  public  security. 

d.  A  committee  of  the  Provincial  Council  shall  be  appointed  an- 
nually to  decide  without  appeal  the  claims  formulated  against  the 
ap})ortioning  between  the  various  dwellings  of  the  sum  necessary  for 
the  maintenance  of  the  ghaffirs  in  a  bandar  or  village  other  than 
those  possessing  a  local  commission  or  a  mixed  local  commission. 

Art.  41. — 1.  The  Provincial  Council  shall  have  the  following  at- 
tributions as  regards  ezbehs: 
fc.     a.  No  ezbeh  shall  be  constructed  in  a  province  without  the  prior 
authorization  of  the  moodirieh  given  with  the  assent  of  the  Provin- 
cial Council. 

The  Council  shall  take  into  consideration  the  area  of  the  lands- 
belonging  to  the  petitioner  in  the  place  where  the  ezbeh  has  been 
constructed,  the  number  of  persons  employed  in  the  cultivation  of 
these  lands,  the  distance  between  the  said  lands  and  any  village  or 
other  locality  where  lodging  could  be  found  and  the  possibility  of 
arranging  in  a  satisfactory  manner  for  the  protection  of  the  ezbeh 
without  excessive  expense. 

Requests  for  authority  to  construct  an  ezbeh  must  be  accom- 
panied by  a  plan  of  the  spot,  a  plan  of  the  buildings,  and  by  all 
other  information  required  to  enable  the  Council  to  arrive  at  a 
decision,  in  accordance  with  the  provisions  of  the  present  article. 

h.  The  Council  may  at  any  time  decide  to  demolish  an  ezbeh, 
even  an  authorized  one,  if  it  serves  habitually  as  a  refuge  for  per- 
sons of  bad  character  or  if  criminals  find  asylum  therein. 
88381—19 13 


186  CONSTITUTIONS  OF   THE  STATES  AT  WAR. 

c.  The  Council  may  decide  to  demolish  any  ezbeh  constructed 
without  authority,  either  before  or  after  the  coming  into  force  of  the 
present  Law,  if  the  provision  of  watchmen  is  too  difficult  or  costly, 
having  regard  to  the  number  of  its  inhabitants  and  their  conditions 
of  existence. 
Nevertheless : 

a.  No  decision  shall  be  taken  by  virtue  of  paragraphs  h  and  c  of 
this  article  until  the  owner  of  the  ezbeh  has  been  invited  to  express 
his  views  before  the  Council  or  before  a  committee  of  the  Council, 
nor  without  the  approval  of  the  Council  of  Ministers ; 

h.  No  authorization  shall  be  given  for  the  construction  of  aii 
ezbeh  within  100  metres  of  the  embankment  of  the  Nile,  or  a  public 
drain,  or  a  cemetery,  or  within  300  metres  of  a  birket  situated  to  the 
north  of  the  site  proposed  for  the  ezbeh  or  within  200  metres  of  any 
other  birket; 

c.  Any  refusal  to  grant  authorization  shall  be  subject  to  an  ap- 
peal before  the  Minister  of  the  Interior. 

2.  If  an  ezbeh  has  been  constructed,  or  the  construction  of  an  ezbeh 
is  undertaken,  without  the  authority  of  the  moodir  or  the  Minister 
of  the  Interior,  in  the  case  of  appeal  the  administration  may  proceed 
to  demolish  the  ezbeh  before  its  completion,  or  within  six  months  of 
its  completion. 

The  moodir  shall  have  its  demolition  proceeded  with  by  adminis- 
trative service.  The  expenses  of  demolition  shall  be  recovered  from 
the  owner  of  the  ezbeh  or  the  owner  of  the  land  on  which  the  ezbeh 
was  being  constructed  in  the  form  prescribed  by  the  Decree  of  25 
March  1880. 

Art.  42.  In  addition  to  the  development  of  elementary  education 
(including  training  in  agriculture  and  handicraft),  the  Council  is 
empowered  to  supervise  the  development  in  the  moodirieh  of  educa- 
tion in  all  its  branches  and  grades  in  the  following  manner : 

a.  It  may  decide  to  establish  or  acquire  schools  in  the  moodiriehj 
and  provide  for  their  management,  and  shall  have  all  the  powers 
necessary  for  the  purpose. 

5.  Independently  of  schools  thus  established  or  acquired,  the^ 
Council  may  equally  take  over  the  control  of  any  other  school  in  th( 
moodirieh  and  arrange  for  its  management,  provided  that  the  alloca-l 
tion  of  buildings  to  the  needs  of  education  is  permanently  guaranteedl 
and  that  the  effective  control  of  the  school  is  secured  to  the  Council! 
by  the  conditions  stipulated  in  the  act  of  transfer. 

G.  In  order  to  establish  a  uniform  system  in  the  whole  moodi- 
rieh, the  Council  may  issue  regulations  and  schemes  for  the  manage- 
ment of  schools  of  different  categories,  besides  those  established, 
acquired,  or  managed  in  conformity  with  the  preceding  paragraph;! 
it  may  confer  the  title  of  "  recognized  schools  "  on  schools  managed 


EGYPT.  187 

in  conformity  with  the  said  reguhitions  and  the  owners  or  managers 
of  which  submit  to  the  conditions  hiid  down  on  the  subject. 

d.  It  may  associate  with  itself  four  persons  at  the  most,  chosen 
from  those  particuhirly  interested  in  education  in  the  moodirieh, 
who  shall  be  present  to  give  their  advice  at  the  meetings  held  by  the 
Council  for  the  purpose  of  deciding  questions  connected  with  educa- 
tion, and  in  the  case  of  the  institution  of  a  committee  for  education 
such  persons  shall  be  members  of  it  ex  ofjieio. 

The  mandate  of  the  said  persons  shall  be  for  two  years;  it  is 
renewable. 

e.  The  Council  may  set  up  committees  composed  of  members  of 
its  own  body  or  of  the  persons  interested  in  education  in  the  mood- 
irieh. These  communities  shall  be  entrusted  each  with  the  manage- 
ment of  one  or  more  schools.  The  Council  shall  define  their  powers 
itself. 

/.  It  may  accept  gifts  of  money,  which  are  destined,  or  real 
property,  the  revenues  of  which  are  destined,  to  the  needs  of  educa- 
tion in  the  moodirieh  generally  or  in  stated  localities. 

It  may  also  accept  subscriptions  presented  for  special  objects 
coming  within  the  scope  of  the  Council  in  matters  of  education;  in 
this  case  the  subscriptions  shall  be  spent  in  accordance  with  the 
conditions  of  the  gift. 

g.  Seventy  per  cent,  of  the  total  of  the  taxes  destined  for  educa- 
tion shall  be  appropriated  by  the  Council  for  elementary  education, 
including  training  in  agriculture  and  handicraft.  The  thirty  per 
cent,  remaining  shall  be  used  for  the  benefit  of  primary  education 
and  that  of  higher  grades. 

In  the  exercise  of  powers  conferred  b}'  the  present  article  the 
Council  shall  observe  as  far  as  possible  the  general  principles  con- 
tained in  any  general  regulation  promulgated  by  a  law  or  an  order 
of  the  Minister  of  Public  Education. 

Art.  43.  The  Council  shall,  within  a  reasonable  period  from  the 
day  on  which  it  was  notified  thereof,  examine  any  question  sub- 
mitted to  it  under  the  present  law  or  any  other  law,  and  express  its 
opinion. 

If  the  Provincial  Council  refuses  to  express  its  opinion,  or  if  it 
does  not  express  it  w^ithin  a  reasonable  time,  the  Council  of  Ministers 
may  decide  to  dispense  with  it. 

Part  VI. — Composition  and  Procedure  of  Provincial  Councils. 

Art.  44.  The  Provincial  Councils  shall  be  composed  as  follows: 
Each  Council  shall  consist  of  two  rt^presentalives  of  each  markaz 

of  the  moodirieh,  elected  by  the  elector-delegate  of  the  villages  in  the 

markaz. 


188  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

The  two  representatives  must  be  domiciled  in  the  circumscription 
of  the  markaz  which  they  represent. 
For  the  purposes  of  this  provision : 

1.  The  capital  of  a  moodirieh  with  its  own  administrative  organ- 
ization shall  be  considered  as  forming  part  of  the  markaz  in  the 
circumscription  of  which  it  is  situated. 

2.  Every  markaz,  the  population  of  w^hich  does  not  exceed  20,000 
inhabitants,  and  every  administrative  subdivision  of  a  moodirieh 
not  forming  a  markaz,  shall  be  amalgamated  w^th  other  markazes 
by  order  issued  by  the  Minister  of  the  Interior  with  the  assent  of  the 
Council  of  Ministers. 

The  moodir  shall  be  the  president  of  the  Provincial  Council,  and, 
if  absent  or  prevented  from  attending,  he  shall  be  replaced  by  the 
sub-moodir. 

The  Provincial  Councils  thus  constituted  shall  be  considered  to  be 
corporations.  They  shall  be  represented  by  the  moodir  for  the  pur- 
pose of  the  exercise  of  the  powers  and  the  carrying  out  of  the  duties 
assigned  to  them. 

Art.  45.  The  representatives  of  the  markazes  in  the  Provincial 
Councils  shall  be  elected  for  four  years.  One  representative  of  each 
markaz  shall  retire  every  two  years  in  turn. 

The  retiring  members  of  the  Council  shall  continue  to  perform  their 
duties  until  the  appointment  of  their  successors.  They  may  be 
reelected. 

Art.  46.  In  the  case  of  a  seat  of  a  member  of  a  Provincial  Council 
becoming  vacant,  a  new  election  shall  take  place  within  three  months 
at  the  outside.  The  mandate  of  the  new  member  shall  last  only 
until  the  expiration  of  the  mandate  of  the  member  he  replaces. 

Art.  47.  Each  newly-elected  member  of  the  Provincial  Counc] 
ghall,  before  he  enters  upon  his  duties,  take  before  the  moodir  th< 
oath  of  fidelity  to  the  Khedive  and  of  obedience  to  the  laws  of  th^ 
country. 

Art.  48.  Every  member  of  a  Provincial  Council  w^ho,  without  re£ 
son  considered  by  the  Council  as  sufficient,  shall  be  absent  durin| 
three  consecutive  sessions  shall  be  declared  by  the  Council  to  havj 
forfeited  his  seat. 

By  "  session  "  is  understood  one  or  more  consecutive  sittings  held 
by  virtue  of  a  single  summons. 

Except  for  the  cases  of  forfeiture  of  seats  provided  for  by  the 
Electoral  Law,  the  members  of  the  Provincial  Council  shall  not  be 
dismissed  save  by  decree  issued  at  the  instance  of  Our  Council  oi 
Ministers  on  a  resolution  passed  by  the  Provincial  Council  by  8 
three-quarters  majority. 

Art.  49.  The  Provincial  Councils  shall  assemble  at  the  times  fixec< 
by  their  standing  orders,  or  otherwise  when  summoned  by  the  moodin 


» 


EGYPT.  189 

The  moodir  may  at  any  time  summon  the  Council  to  a  special 
fitting,  and  it  shall  be  obligatory  for  him  to  do  so  whenever  a  written 
demand  to  this  effect  is  made  to  him,  signed  by  at  least  one  third  of 
the  members  of  the  Council. 

Excepting  members  of  the  Provincial  Council,  no  one  may  be  pres- 
ent at  the  sittings  of  the  Council  or  at  those  of  its  committees  without 
being  invited  by  the  Council  or  moodir  for  the  better  elucidation  of 
the  questions  under  discussion. 

Nevertheless,  each  minister  may  appoint  one  or  more  delegates  to 
be  present  at  those  sittings  of  the  Provincial  Council  or  its  commit- 
tees at  which  questions  relating  to  a  service  under  his  department  are 
to  be  discussed.  These  delegates  shall  take  part  in  discussions  with- 
out voting. 

The  moodir.  or  the  sub-moodir  for  him,  shall  be  an  ex  ofjlcio  mem- 
ber of  all  the  committees  of  the  Council.  He  shall  preside  over  every 
sitting  at  which  he  is  present. 

The  sittings  of  the  Council  shall  not  be  in  order  unless  the  number 
of  members  present  exceeds  one  half.  Decisions  shall  be  taken  by  a 
majority  of  votes,  and  in  case  of  an  equal  division  the  president  shall 
have  a  casting  vote. 

The  Minister  of  the  Interior  may  enact,  by  order  approved  by  the 
Council  of  Ministers,  regulations  of  general  application  for  the 
working  of  the  Provincial  Councils. 

While  complying  with  the  general  regulations,  each  Provincial 
Council  may,  with  the  approval  of  the  Minister  of  the  Interior, 
draw  up  its  own  standing  orders. 

Art.  50.  The  dissolution  of  a  Provincial  Council  may  be  pro- 
nounced at  any  time  by  a  decree  stating  the  reasons  for  this  course. 
In  this  case  there  shall  be  a  fresh  election  within  three  months  from 
the  date  of  dissolution. 

Part  VII. — Interpretation. 

Art.  51.  All  questions  arising  as  to  the  interpretation  of  the  pres- 
ent Law  shall  be  decided  definitively  by  a  special  commission  com- 
posed of  two  ministers,  one  of  whom  shall  be  the  Minister  of  Justice, 
who  shall  preside,  and  the  other  of  whom  shall  be  nominated  by  the 
Council  of  Ministers,  of  two  members  of  the  Legislative  Assembly 
chosen  by  that  Assembly,  and  of  the  president,  the  vice-president  and 
the  senior  judge  of  the  Native  Court  of  Appeal. 

Part  VIII. — Miscellaneous  and  Transitory  Provisions. 

Art.  52.  The  first  partial  renewal  of  the  Legislative  Assembly 
shall  take  place  in  January  1916,  the  second  in  January  1918,  and 
the  third  in  January  1920. 


190  CONSTITUTIONS  OF  THE  STATES  AT   WAR. 

The  selection  of  the  members  to  go  out  at  the  first  and  second 
renewals  shall  be  made  by  lot. 

Art.  53.  The  existing  members  of  the  Provincial  Councils  shall 
remain  in  office  until  their  mandate  runs  out.  Nevertheless,  in  order 
to  secure  the  retirement  of  half  of  the  members  every  second  year 
as  required  by  Article  45,  the  representative  whose  mandate  would 
normally  run  out  at  the  end  of  1916  shall  only  remain  in  office  until 
the  end  of  1915. 

Art.  54.  The  Organic  Law  of  1  May  1883,  as  successively  amended 
by  the  decree  of  29  September  1883,  and  by  Laws  Nos.  3,  18  and  22 
of  1909,  Law  No.  2  of  1911  and  Law  No.  7  of  1912,  is  hereby  re- 
pealed, as  are  all  provisions  of  laws,  decrees,  superior  orders  or  regu- 
lations which  are  in  conflict  with  the  provisions  of  the  present  Law. 

Art.  55.  Our  ministers  are  charged,  each  so  far  as  he  is  concerned 
therein,  with  the  execution  of  the  present  law,  which  shall  come  into 
force  as  from  the  date  of  its  publication  in  the  O-fftcial  Jov/mal,  The 
Law  shall,  in  addition,  be  placarded  in  all  towns  and  villages 
throughout  Egypt.^ 

1  Here  follow  the  signatures  of  the  Khedive  Abbas  Hilmi  and  the  six  ministers. 


I 


FRANCE. 

Since  1789  France  has  undergone  nmnerous  changes  in  govern- 
iuent,  and  each  change  has  been  embodied  in  constitutional  docu- 
ments. It  will  suffice  here  to  enumerate  the.  several  constitutions 
which  were  in  force  before  the  definite  establishment  of  the  Third 
Republic : 

1.  The  Constitution  of  3  September  1791  established  a  limited 
monarchy,  but  disappeared  with  the  fall  of  the  King  in  the  suc- 
ceeding year. 

2.  The  Republican  Constitution  of  24  June  1793  had  not  been 
put  in  force  before  the  fall  of  the  Jacobins  who  framed  it,  and  was 
disregarded  by  those  who  succeeded  to  their  power. 

3.  The  Constitution  of  22  August  1795  vested  the  executive  power 
in  five  Directors,  and  the  legislative  power  in  a  Council  of  Five 
Hundred  and  a  Council  of  Ancients.  It  represents  the  conservative 
reaction  from  the  Jacobin  principles  of  1793. 

4.  The  usurpations  of  the  Directory  and  the  coup  d'etat  of  9  No- 
vember 1799  put  an  end  to  the  Constitution  of  1795.  Under  the 
Constitution  of  13  December  1799  Napoleon  gained  as  First  Consul 
the  supreme  executive  power  to  which  he  aspired. 

5.  The  senatus-consulta  of  2  and  4  August  1802  proclaimed  Na- 
poleon First  Consul  for  life  with  extended  powers,  and  on  18  May 
1804  the  Consulate  was  replaced  by  the  Empire.  The  Constitu- 
tion was  altered  by  several  other  less  important  acts  between  1804 
and  1814.  Intimately  connected  with  the  first  Imperial  Constitution 
is  the  Additional  Act  of  22  April  1815,  which  by  its  liberal  principles 
attempted  to  outbid  the  Bourbon  Charter  of  1814;  the  Additional 
Act  disappeared  with  the  defeat  of  Napoleon  at  Waterloo. 

6.  Upon  the  restoration  of  the  Bourbons  the  Constitutional  Charter 
of  4  June  1814  ^  was  issued  by  Louis  XVIII ;  with  this  Constitution 
was  first  established  the  parliamentary  system  with  ministerial  re- 
sponsibilit}' ;  the  legislature  was  composed  of  two  houses,  one  ap- 
pointive, the  other  elective,  but  with  a  very  limited  electorate. 

7.  The  Constitution  of  14  August  1830  ^  and  the  organic  laws  of 
1831  came  as  a  result  of  the  July  revolution  of  1830.  The  Consti- 
tution of  1814  remained  almost  unchanged,  except  for  a  limited  ex- 
tension of  the  suffrage  and  the  abolition  of  hereditary  peerages. 

1  French  text  in  the  British  and  Foreign  State  Papers,  1  :  pp.  960-966. 

2  French  text  in  the  British  and  Foreign  State  Papers,  17  :  pp.  1013-1018. 

191 


192  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

8.  The  Republican  Constitution  of  4  November  1848^  introduced 
universal  suffrage,  with  an  unicameral  legislature,  and  an  elective 
president  chosen  for  four  years  and  ineligible  to  succeed  himself. 

9.  The  Constitution  of  14  January  1852  ^  extended  for  10  years 
the  power  of  Louis  Napoleon  Bonaparte  as  President  of  the  Re- 
public; the  senatus-consultum  of  7  November,^  ratified  by  the  pleb- 
iscite of  21  and  22  November  1852,  reestablished  the  Empire.  Be- 
tween 1852  and  1870  the  Constitution  was  altered  by  numerous 
senatus-ccnsulta,  the  most  important  of  which  was  that  of  8  Septem- 
ber 1869,  establishing  ministerial  responsibility. 

10.  The  senatu3-consultum  of  21  May  1870,  a  codification  of  con- 
stitutional changes  since  1860,  was  really  a  new  Imperial  Consti- 
tution, and  was  submitted  to  a  vote  of  the  people  as  such. 

11.  Imperial  institutions  in  France  were  now  destined  to  be  of 
short  duration;  the  Enipire  disappeared  on  4  September  1870,  when 
news  reached  Paris  of  the  French  disaster  at  Sedan.  The  Govern- 
ment of  the  National  Defense,  which  succeeded  the  Empire,  gave  way 
in  February,  1871,  to  a  National  Assembly  which  chose  Thiers  chief 
of  the  executive  power  of  the  French  Republic. 

For  two  years  after  1871  nothing  was  done  by  the  National  As- 
sembly toward  the  permanent  establishment  of  the  Republic.  In 
fact  the  majority  of  the  Assembly  were  monarchists;  the  overthrow 
of  Thiers  and  the  election  of  Marshal  de  MacMahon  as  President 
were  considered  the  first  steps  toward  the  restoration  of  monarchy, 
but  the  attitude  of  the  Comte  de  Chambord  wrecked  the  hopes  of  his 
supporters.  Definite  steps  tow^ard  a  constitutional  organization  were 
not  taken  until  hope  of  a  restoration  of  the  Bourbons  had  disap- 
peared. 

Even  after  the  failure  to  reestablish  the  Monarchy  the  majority 
of  the  National  Assembly  hoped  to  prevent  the  permanent  establish- 
ment of  the  Republic.  But  the  provisional  organization  of  the  Gov- 
ernment could  not  continue  forever,  nor  could  the  Assembly,  elected 
to  meet  the  national  crisis  of  1871,  expect  much  longer  to  remain  in 
power.  The  constitutional  and  organic  laws  were  finally  enacted  iu 
1875,  and  the  elections  of  1876  proved  that  the  people  of  France 
■were  ready  to  support  republican  institutions.  In  addition  to  these 
laws,  some  subsequent  laws  bearing  upon  constitutional  matters  have 
been  included  here.* 


1  French  text  in  the  British  and  Foreign  State  Papers,  36  :  pp.  1072-1085. 

'  French  text  in  the  British  and  Foreign  State  Papers,  41 :  pp.  1085-1090. 

3  French  text  in  the  British  and  Foreign  State  Papers,  41  :  pp.  1095-1098. 

''These  Introductory  paragraphs  are  based  upon  W.  F.  Dodd^  Modern  Constitutions 
(Chicago,  1909),  vol.  i,  pp.  283-285.  There  is  also  a  very  good  account  in  F.  R. 
Dareste  et  p.  Dareste,  Les  Constitutions  modernes  (3d  edition,  Paris,  1910),  vol.  I, 
pp.  1-9. 


J 


FRANCE.  193 

CONSTITUTIONAL  LAW  OF  25  FEBRUARY  1875.^ 
On  the  Organization  of  the  Public  Powers. 

Article  1.  The  legislative  power  shall  be  exercised  by  two  assem- 
blies :  The  Chamber  of  Deputies  and  the  Senate.    • 

The  Chamber  of  Deputies  shall  be  elected  by  universal  suffrage, 
under  the  conditions  determined  by  the  electoral  law.^ 

The  composition,  the  method  of  election  and  the  attributions  of  the 
Senate  shall  be  regulated  by  a  3pecial  law.^ 

Art.  2.  The  President  of  the  Kepublic  shall  be  chosen  by  an  abso- 
lute majority  of  votes  of  the  Senate  and  Chamber  of  Deputies  united 
in  National  Assembly.  He  shall  be  elected  for  seven  years.  He  sliall 
be  eligible  for  reelection. 

Art.  3.  The  President  of  the  Republic  shall  have  the  initiative  of 
laws,  concurrently  with  the  members  of  the  two  houses.  He  shall 
promulgate  the  laws  when  they  have  been  voted  by  the  two  houses  * ; 
he  shall  look  after  and  secure  their  execution. 

He  shall  have  the  right  of  pardon;  amnesty  may  only  be  granted 
by  law.^ 

He  shall  dispose  of  the  armed  force. 

He  shall  appoint  to  all  civil  and  military  positions. 

He  shall  preside  over  State  functions ;  envoys  and  ambassadors  of 
foreign  powers  shall  be  accredited  to  him. 

Eveiy  act  of  the  President  of  the  Republic  shall  be  countersigned 
by  a  minister. 

Art.  4.  As  vacancies  occur  on  and  after  the  promulgation  of  the 
present  law,  the  President  of  the  Republic  shall  appoint,  in  the 
Council  of  Ministers,  the  councilors  of  State  in  regular  service. 

The  councilors  of  State  thus  chosen  may  be  dismissed  only  by 
decree  rendered  in  the  Council  of  Ministers.® 

1  Promulgated  in  the  Journal  officiel  of  28  February  1875.  Translation  of  this  and 
the  following  laws  based  upon  Dodd,  op.  cit.,  pp.  286-288,  which  in  turn  was  based 
upon  the  translation  by  C.  P.  A.  Cuiirier  in  the  Supplement  to  the  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  March,  189S  (Philadelphia,  1893), 
and  in  Foreign  Constitutions  [The  Convention  Manual  of  the  Siwth  New  York  State 
Constitutional  Convention,  189h  part  2,  vol.  3]  (Albany,  1894),  pp.  230-255.  French 
texts  in  Dareste,  op.  cit.,  pp.  10-37,  and  Paul  Posenew,  Die  Staatsverfassungen 
defi  Erdhalls  (Charlottenburg,  1909),  pp.  564-587. 

2  See  Laws  of  30  November  1875,  16  June  1885,  13  February  1889  and  17  July  1889, 
on  pp.  203,  213,  214  and  215,  respectively. 

3  See  Constitutional  Law  of  24  February  1875  and  Laws  of  2  August  1875  and  9 
December  1884,  on  pp.  195,  198  and  210,  respectively. 

*  See  Article  7  of  the  Constitutional  Law  of  16  July  1875  on  p.  196. 

^  The  houses  may,  without  amending  the  Constitution,  decide  that  pardons  granted  by 
the  President  of  the  Republic  shall,  under  certain  conditions,  produce  all  the  effects  of 
amnesty  (Laws  of  3  March  1879  and  11  July  1880). 

«  The  Council  of  State  is  now  governed  by  the  Laws  of  24  May  1872  and  13  July  1879. 
Clause  3  of  the  above  article  has  been  omitted,  because  it  ceased  to  have  application 
after  1881. 


194  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

Art.  5.  The  President  of  the  Republic  may,  with  the  advice  of  the 
Senate,  dissolve  the  Chamber  of  Deputies  before  the  legal  expiration 
of  its  mandate. 

In  that  case  the  electoral  colleges  shall  be  assembled  for  new  elec- 
tions within  the  space  of  2  months,  and  the  Chamber  within  the  10 
days  following  the  close  of  the  elections.^ 

Art.  6.  The  ministers  shall  be  collectively  responsible  to  the  houses 
for  the  general  policy  of  the  government,  and  individually  for 
their  personal  acts. 

The  President  of  the  Republic  shall  be  responsible  only  in  case  of 
high  treason.^ 

Art.  7.  In  case  of  vacancy  by  death  or  for  any  other  reason,  the 
two  houses  assembled  together  shall  proceed  at  once  to  the  election 
of  a  new  President.^ 

In  the  meantime  the  Council  of  Ministers  shall  be  vested  with  the 
executive  power. 

Art.  8.  The  houses  shall  have  the  right  by  separate  resolutions, 
taken  in  each  by  an  absolute  majority  of  votes,  either  upon  their  own 
initiative  or  upon  the  request  of  the  President  of  the  Republic,  to 
declare  a  revision  of  the  constitutional  laws  necessary.* 

After  each  of  the  two  houses  shall  have  come  to  this  decision, 
they  shall  meet  together  in  National  Assembly  to  proceed  with  the 
revision. 

The  acts  effecting  revision  of  the  constitutional  laws,  in  whole  or 
in  part,  shall  be  passed  by  an  absolute  majority  of  the  members  com- 
posing the  National  Assembly.*^ 

The  republican  form  of  government  shall  not  be  made  the  sub- 
ject of  a  proposed  revision.® 

Members  of  families  that  have  reigned  in  France  are  ineligible  to 
the  Presidency  of  the  Republic.® 

Art.  9."^ 

*  As  amended  by  Article  1  of  the  Constitutional  Law  of  14  August  1884. 

2  See  Article  12  of  the  Constitutional  Law  of  16  July  1875,  on  p.  197. 

3  See  Article  3  of  the  Constitutional  Law  of  16  July  1875,  on  p.  196. 

*  Article  8  has  been  put  into  practice  twice,  in  1879  and  in  1884.  See  the  introductory 
paragraphs  preceding  this  law. 

^  The  clause  following  this,  concerning  the  presidency  of  Marshal  de  MacMahon,  is  now 
without  object. 

8  Added  by  Article  2  of  the  Constitutional  Law  of  14  August  1884. 

'Repealed  by  the  Constitutional  Law  of  21  June  1879.  Article  9  originally  read: 
"  The  seat  of  the  executive  power  and  of  the  two  houses  shall  be  at  Versailles."  See 
Law  of  22  July  1879,  on  p.  208. 


FRANCE.  195 

CONSTITUTIONAL  LAW  OF  24  FEBRUARY  1875.^ 

On  the  Organization  of  the  Senate. 

Articles  1-7.^ 

Art.  8.  The  Senate  shall  have,  concurrently  with  the  Chamber  of 
Deputies,  the  power  to  initiate  and  to  pass  laws.  Money  bills,  how- 
ever, shall  first  be  introduced  in  and  passed  by  the  Chamber  of 
Deputies.^ 

Art.  9.  The  Senate  may  be  constituted  a  court  of  justice  to  try 
either  the  President  of  the  Republic  or  the  ministers,  and  to  take 
cognizance  of  attacks  made  upon  the  safety  of  the  State.* 

Art.  10.  Elections  to  the  Senate  shall  take  place  one  month  before 
the  time  fixed  by  the  National  Assembly  for  its  own  dissolution. 
The  Senate  shall  organize  and  enter  upon  its  duties  the  same  day 
that  the  National  Assembly  is  dissolved. 

Art.  11.  The  present  law  shall  be  promulgated  only  after  the 
passage  of  the  law  on  the  public  powers. 

CONSTITUTIONAL  LAW  OF  16  JULY  1875.^ 
On  the  Relations  or  the  Public  Powers. 

Article  1.  The  Senate  and  the  Chamber  of  Deputies  shall  assemble 
each  year  on  the  second  Tuesday  of  January,  unless  convened  earlier 
by  the  President  of  the  Republic. 

The  two  houses  shall  continue  in  session  at  least  five  months 
each  year.  The  sessions  of  the  two  houses  shall  begin  and  end  at 
the  same  time.^ 

Art.  2.  The  President  of  the  Republic  pronounces  the  closing  of 
the  session.     He  may  convene  the  houses  in  extraordinary  session. 

He  shall  convene  them  if,  during  the  recess,  an  absolute  majority  of 
the  members  of  each  house  request  it. 

The  President  may  adjourn  the  houses.  The  adjournment,  how- 
ever, shall  not  exceed  one  month,  nor  take  place  more  than  twice 
in  the  same  session. 


1  Promulgated  in  the  Journal  offlciel  of  28  February  1875.     See  above,  p.  193,  note  1. 

=*  These  seven  articles,  concerning  the  composition  of  the  Senate  and  of  the  electoral 
body  which  names  the  senators,  were  deprived  of  their  constitutional  character  by  Article 
8  of  the  Law  of  14  August  1884  and  were  repealed  by  Article  9  of  the  Law  of  9  Decem- 
ber 1884.     See  below,  pp.  198  and  213,  respectively. 

3  This  text  is  an  almost  literal  reproduction  of  Article  15  of  the  Charter  of  1830, 
which  in  turn  was  borrowed  from  the  Charter  of  1814  (Articles  17  and  47).  The 
Senate  and  the  Chamber  since  1876  have  frequently  been  in  disagreement  upon  the 
interpretation  to  be  given  to  Article  8,  the  former  maintaining  that  no  exception  for 
money  bills  is  made  to  the  general  principle  of  the  equality  of  the  two  houses  in  the 
passage  of  laws,  the  latter  claiming  exclusive  control  of  budgetary  rights. 

*  See  below,  p.  197,  note  1. 

8  Promulgated  in  the  Journal  officiel  of  18  July  1875.     See  above,  p.  193,  note  1. 

"  The  third  paragraph  of  this  article,  repealed  by  Article  4  of  the  Law  of  14  August 
1884.  prescribed   public  prayers  on   the  Sunday   following  the  convening  of  the  houses. 


196  CONSTITUTIONS  or  the  states  at  war. 

Art.  3.  One  month  at  least  before  the  legal  expiration  of  the 
powers  of  the  President  of  the  Republic,  the  houses  shall  be  called 
together  in  National  Assembly  to  proceed  to  the  election  of  a  new 
President. 

In  default  of  a  summons,  this  meeting  shall  take  place,  as  of 
right,  the  fifteenth  day  before  the  expiration  of  these  powers. 

In  case  of  the  death  or  resignation  of  the  President  of  the  Repub- 
lic, the  two  houses  shall  assemble  immediately,  as  of  right.^ 

In  case  the  Chamber  of  Deputies,  in  consequence  of  Article  5  of 
the  Law  of  25  February  1875,  is  dissolved  at  the  time  when  the 
Presidency  of  the  Republic  becomes  vacant,  the  electoral  colleges 
shall  be  convened  at  once,  and  the  Senate  shall  assemble  as  of  right. 

Art.  4.  Every  meeting  of  either  of  the  two  houses  which  shall 
be  held  at  a  time  when  the  other  is  not  in  session  is  ipso  facto  illegal 
and  void,2  except  in  the  case  provided  for  in  the  preceding  article,  and 
in  case  the  Senate  meets  as  a  court  of  justice;  in  the  latter  case, 
judicial  duties  alone  shall  be  performed. 

Art.  5.  The  sittings  of  the  Senate  and  of  the  Chamber  of  Deputies 
shall  be  public. 

Nevertheless  either  house  may  meet  in  secret  session,  upon  the 
request  of  a  fixed  number  of  its  members,  determined  by  the  rules.^ 

It  shall  then  decide  by  absolute  majority  whether  the  sitting  shall 
be  resumed  in  public  upon  the  same  subject. 

Art.  6.  The  President  of  the  Republic  communicates  with  the 
houses  by  messages,  which  shall  be  read  from  the  tribune  by  a 
minister. 

The  ministers  shall  have  entrance  to  both  houses,  and  shall  be 
heard  w^hen  they  request  it.  They  may  be  assisted,  for  the  discussion 
of  a  specific  bill,  by  commissioners  named  by  decree  of  the  President 
of  the  Republic. 

Art.  T.  The  President  of  the  Republic  shall  promulgate  the  laws 
within  the  month  following  the  transmission  to  the  government  of 
the  law  finally  passed.  He  shall  promulgate,  within  three  days, 
laws  the  promulgation  of  which  shall  have  been  declared  urgent  by 
an  express  vote  of  each  house.* 

Within  the  time  fixed  for  promulgation  the  President  of  the  Re- 
public may,  by  a  message  with  reasons  assigned,  request  of  the  two 
houses  a  new  discussion,  which  can  not  be  refused. 

Art.  8.  The  President  of  the  Republic  shall  negotiate  and  ratify 
treaties.  He  shall  give  information  regarding  them  to  the  houses 
as  soon  as  the  interests  and  safety  of  the  State  permit. 

1  See  Article  7  of  the  Constitutional  Law  of  25  February  1875,  on  p.  194. 

*  See  above,  Paragraph  2  of  Article  1. 

3  The  number  of  members  required  for  such  action  is  5  for  the  Senate  and  20  for 
the  Chamber. 

*  A  decree  of  6  April  1876  governs  the  formula  of  promulgation  of  laws. 


FRANCE.  19.7 

Treaties  of  peace  and  of  commerce,  treaties  which  involve  the 
finances  of  the  State,  tho^e  relating  to  the  status  of  the  persons  and 
to  the  right  of  property  of  French  citizens  in  foreign  countries, 
shall  be  ratified  only  after  having  been  voted  by  the  two  houses. 
Xo  cession,  exchange,  or  annexation  of  territory  shall  take  place 
except  by  virtue  of  a  law. 

Art.  9.  The  President  of  the  Eepublic  shall  not  declare  war  with- 
out the  previous  consent  of  the  two  houses. 

Art.  10.  Each  house  shall  be  the  judge  of  the  eligibility  of  it3 
members  and  of  the  regularity  of  their  election ;  it  alone  may  receive 
their  resignation. 

Art.  11.  The  bureau^  of  each  house  shall  be  elected  each  year 
for  the  entire  session,  and  for  every  extraordinary  session  which  may 
be  held  before  the  regular  session  of  the  following  year. 

When  the  two  houses  meet  together  as  a  National  Assembly,, 
their  bureau  shall  be  composed  of  the  president,  vice-presidents  and 
secretaries  of  the  Senate. 

Art.  12.  The  President  of  the  Republic  may  be  impeached  only  by 
the  Chamber  of  Deputies  and  may  be  tried  only  by  the  Senate. 

The  ministers  may  be  impeached  by  the  Chamber  qf  Deputies  for 
offenses  committed  in  the  performance  of  their  duties.  In  this  case 
they  shall  be  tried  by  the  Senate. 

The  Senate  may  be  constituted  into  a  court  of  justice,  by  a  decree 
of  the  President  of  the  Republic  issued  in  the  Council  of  Ministers, 
to  try  all  persons  accused  of  attempts  upon  the  safety  of  the  State. 

If  proceedings  should  have  been  begun  in  the  regular  courts,  the 
decree  convening  the  Senate  may  be  issued  at  any  time  before  the 
granting  of  a  discharge. 

A  law  shall  determine  the  method  of  procedure  for  the  accusation,^ 
trial  and  judgment.^ 

Art.  13.  No  member  of  either  house  shall  be  prosecuted  or  held 
responsible  on  account  of  any  opinions  expressed  or  votes  cast  by 
him  in  the  performance  of  his  duties.^ 

Art.  14.  No  member  of  either  house  shall,  during  the  session, 
be  prosecuted  or  arrested  for  any  oifense  or  misdemeanor,  unless 
upon  the  authority  of  the  house  of  which  he  is  a  member,  except 
in  the  case  of  flagrante  delicto. 

The  detention  or  prosecution  of  a  member  of  either  house  shall 
be  suspended  for  the  session,  and  for  the  entire  term  of  the  house, 
i  f  the  chamber  requires  it. 

1  The  bureau  of  the  Senate  consists  of  a  president,  4  vice-presidents,  8  secretaries  and 
3  questors ;  the  bureau  of  the  Chamljers  of  Deputies  has  the  same  composition. 

»  Law  of  10  April  1889. 

*  Article  41  of  the  Law  of  29  July  1881  on  the  press  develops  and  completes  this 
provision. 


198  CONSTITUTIONS   OF  THE  STATES  AT  WAE. 

LAW  OF  21  JUNE  1879/ 

Revising  Article  9  of  the  Constitutional  Law  of  25  February 

1875. 

Sole  Article.  Article  9  of  the  Constitutional  Law  of  25  February 
1875  is  repealed.^ 

LAW  OF  14  AUGUST  1884.^ 

Partially  Revising  the  Constitutional  Laws.* 

Article  1.  Paragraph  2  of  Article  5  of  the  Constitutional  Law  of 
25  February  1875,  on  the  organization  of  the  public  powers,  is 
amended  as  follows: 

In  that  case  the  electoral  colleges  shall  meet  for  new  elections  within  2 
months  and  the  Chamber  within  the  10  days  following  the  close  of  the 
elections. 

Art.  2.  To  Paragraph  3  of  Article  8  of  the  same  law  of  25  Feb- 
ruary 1785  is  added  the  following: 

'  The   republican   form   of   government   shall   not   be   made  the   subject   of   a 
proposed  revision. 

Members  of  families  that  have  reigned  in  France  are  ineligible  to  the 
Presidency  of  th'e  Republic. 

Art.  3.  Articles  1  to  7  of  the  Constitutional  Law  of  24  February 
1875,  on  the  organization  of  the  Senate,  shall  no  longer  have  a  con- 
stitutional character.^ 

Art.  4.  Paragraph  3  of  Article  1  of  the  Constitutional  Law  of  16 
July  1875,  on  the  relation  of  the  public  powers,  ig  repealed. 

ORGANIC  LAW  OF  2  AUGUST  1875.« 
On  the  Election  of  Senators. 

Article  1.  A  decree  of  the  President  of  the  Republic,  issued  at 
least  six  weeks  in  advance,  shall  fix  the  day  for  the  elections  to  the 
Senate,  and  at  the  same  time  that  for  the  choice  of  delegates  of  the 
municipal  councils.  There  shall  be  an  interval  of  at  least  one  month 
between  the  choice  of  delegates  and  the  election  of  senators. 

Art.  2.  In  each  municipal  council  the  election  of  delegates  shall 
take  place  without  debate  and  by  secret  ballot,  by  scrutin  de  liste 
and  by  an  absolute  majority  of  votes  cast. 

^  Promulgated  in  the  Journal  officiel  of  22  June  1879. 

2  This  article  fixed  the  seat  of  government  at  Versailles  (see  above,  p.  194).  The  seat 
of  government  was  removed  from  Versailles  to  Paris  by  a  Law  of  22  July  1879  (see 
below,   p.   208). 

3  Promulgated  in  the  Journal  officiel  of  15  August  1884. 

*  The  amendments  to  the  constitutional  laws  have  also  been  inserted  in  their  proper 
places. 

"These  articles  were  repealed  by  way  of  ordinary  legislation  ou  9  December  1884  (see 
below,  p.  213). 

«  Promulgated  in  the  Journal  officiel  of  13  August  1875. 


FRANCE.  199 

:ef  two  ballots  a  plurality  shall  be  sufficient,  and  in  case  of  an 
equality  of  votes  the  oldest  i3  elected. 

The  procedure  and  method  shall  be  the  same  for  the  election  of 
alternates. 

Councils  having  1,  2  or  3  delegates  to  choose  shall  elect  1  alternate. 

Those  choosing  6  or  9  delegates  shall  elect  2  alternates. 

Those  choo3ing  12  or  15  delegates  shall  elect  3  alternates. 

Those  choosing  18  or  21  delegates  shall  elect  4  alternates. 

Those  choosing  24  delegates  shall  elect  5  alternates. 

The  municipal  council  of  Paris  shall  elect  8  alternates. 

The  alternates  ^hall  take  the  place  of  delegates  in  case  of  refusal  or 
inability  to  serve,  in  the  order  determined  by  the  number  of  votes 
received  by  each  of  them. 

The  choice  of  the  municipal  councils  shall  not  extend  to  a  deputy, 
a  general  councilor  or  an  arrondissement  councilor. 

All  communal  electors,  including  the  municipal  councilors,  shall 
be  eligible  without  distinction.^ 

Art.  3.  In  communes  where  the  duties  of  the  municipal  council  are 
performed  by  a  special  delegation  organized  by  virtue  of  Article  44 
of  the  Law  of  5  April  1884,  the  senatorial  delegates  and  alternates 
shall  be  chosen  by  the  former  council.^ 

Art.  4.  If  the  delegates  were  not  present  at  the  election,  noticQ 
shall  be  given  them  by  the  mayor  within  24  hours.  They  shall, 
within  5  days,  notify  the  prefect  of  their  acceptance.  In  case  of 
refusal  or  silence,  they  shall  be  replaced  by  the  alternates,  who  shall 
then  be  placed  upon  the  list  as  the  delegates  of  the  commune.^ 

Art.  5.  The  official  report  of  the  election  of  delegates  and  alter- 
nates shall  be  transmitted  at  once  to  the  prefect;  it  shall  state 
the  acceptance  or  refusal  of  the  delegates  and  alternates,  as  well  as 
the  protests  raised,  by  one  or  more  members  of  the  municipal 
council,  against  the  legality  of  the  election.  A  copy  of  this  official 
report  shall  be  posted  on  the  door  of  the  town  hall.^ 

Art.  6.  A  statement  of  the  results  of  the  election  of  delegates  and 
alternates  shall  be  drawn  up  within  a  week  by  the  prefect;  this 
statement  shall  be  given  to  all  requesting  it,  and  may  be  copied  and 
published. 

Every  elector  may,  at  the  bureau  of  the  prefecture,  obtain  in- 
formation and  a  copy  of  the  list,  by  communes,  of  the  municipal 
councilors  of  the  department,  and,  at  the  bureaus  of  the  subpre- 
fectures,  information  and  a  copy  of  the  list,  by  communes,  of  the 
municipal  councilors  of  the  arrondissement. 

^  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  212).  The 
original  text  provided  that  each  municipal  council  elect  one  delegate  and  one  alternate. 

*  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  212).  The 
amendments  of  Articles  4  and  5  merely  substitute  "  delegates "  and  "  alternates "  for 
"delegate"  and  "alternate." 


200  CONSTITUTIONS  OF  THE  STATES  AT  WAB. 

Art.  7.  Every  communal  elector  may,  within  the  next  three  days, 
address  directly  to  the  prefect  a  protest  against  the  regularity  of  the 
election. 

If  the  prefect  deems  the  proceedings  irregular,  he  may  request  that 
they  be  set  aside. 

Art.  8.  Prote3ts  concerning  the  election  of  delegates  or  of  alter- 
nates shall  be  decided,  subject  to  an  appeal  to  the  Council  of  State, 
by  the  council  of  the  prefecture,  and,  in  the  colonies,  by  the  privy 
council. 

Delegates  whose  election  is  annulled  because  they  do  not  fulfill 
some  one  of  the  conditions  demanded  by  law,  or  on  account  of  infor- 
mality, shall  be  replaced  by  the  alternates. 

In  case  the  election  of  a  delegate  and  of  an  alternate  is  annulled, 
or  in  the  case  of  the  refusal  or  death  of  both  of  them  after  their  ac- 
ceptance, new  elections  shall  be  held  by  the  municipal  council  on  a 
day  fixed  by  an  order  of  the  prefect.^ 

Art.  9.  One  week,  at  the  latest,  before  the  election  of  senators,  the 
prefect,  and,  in  the  colonies,  the  director  of  the  interior,  shall  arrange 
the  list  of  the  electors  of  the  department  in  alphabetical  order.  The 
list  shall  be  communicated  to  all  who  request  it,  and  may  be  copied  and 
published.     No  elector  shall  have  more  than  one  vote. 

Art.  10.  The  deputies,  the  members  of  the  general  council,  or  of 
the  arrondissement  councils,  whose  elections  have  been  announced  by 
the  returning  committees,  but  whose  powers  have  not  been  verified, 
shall  be  enrolled  upon  the  list  of  electors  and  shall  take  part  in  the 
voting. 

Art.  11.  In  each  of  the  three  departments  of  Algeria  the  electoral 
college  shall  be  composed: 

1.  Of  the  deputies. 

2.  Of  the  members  of  the  general  councils,  of  French  citizenship. 

3.  Of  delegates  elected  by  the  French  members  of  each  municipa 
council  from  among  the  communal  electors  of  French  citizenship. 

Art.  12.  The  electoral  college  shall  be  presided  over  by  the  presi 
dent  of  the  civil  tribunal  of  the  seat  of  government  of  the  department 
or  colony.    In  the  Department  of  Ardennes  it  shall  be  presided  over^ 
by  the  president  of  the  tribunal  of  Charleville.^ 

The  president  shall  be  assisted  by  the  two  oldest  and  the  two 
youngest  electors  present  at  the  opening  of  the  meeting.  The  bureau 
thus  constituted  shall  choose  a  secretary  from  among  the  electors. 

If  the  president  is  prevented  from  presiding,  his  place  shall  be 
taken  by  the  vice-president  [of  the  civil  tribunal] ,  and,  in  his  absence, 
by  the  oldest  judge. 

1  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  212).  The 
amendment  to  this  article  merely  substitutes  "  delegates  "  and  "  alternates  "  for  "  dele- 
gate "  and  "  alternate." 

*  This  sentence  was  added  by  the  Law  of  1  February  1898. 


FRANCE.  201 

Art.  13.  The  bureau  shall  divide  the  electors  in  alphabetical  order 
into  sections  of  at  least  100  voters  each.  It  shall  appoint  the  j)resi- 
dent  and  inspectors  of  each  of  these  sections.  It  shall  decide  all 
questions  and  contests  which  may  arise  in  the  course  of  the  election, 
without  power,  however,  to  depart  from  the  decisions  rendered  by- 
virtue  of  Article  8  of  the  pre3ent  law. 

Art.  14.  The  first  ballot  shall  begin  at  8  o'clock  in  the  morning  and 
close  at  noon.  The  second  shall  begin  at  2  o'clock  and  close  at  5 
o'clock.  The  third  shall  begin  at  7  o'clock  and  close  at  10  o'clock. 
The  results  of  the  ballotings  shall  be  canvassed  by  the  bureau  and 
announced  immediately  by  the  president  of  the  electoral  college.^ 

Art.  15.  No  one  shall  be  elected  senator  on  either  of  the  first  two 
ballots  unless  he  receives  (1)  an  absolute  majority  of  the  votes  cast 
and  (2)  a  number  of  votes  equal  to  one-fourth  of  the  total  number 
of  electors  registered.  On  the  third  ballot  a  plurality  shall  be  suflS- 
cient,  and,  in  case  of  an  equality  of  votes,  the  oldest  is  elected. 

Art.  16.  Political  meetings  for  the  nomination  of  senators  may  be- 
held from  the  date  of  the  promulgation  of  the  decree  summoning  the 
electors  up  to  the  day  of  the  election,  inclusive. 

The  declaration  prescribed  by  Article  2  of'  the  Law  of  30  June 
1881 2  shall  be  made  by  two  voters  at  least. 

The  forms  and  regulations  of  this  article,  as  well  as  those  of 
Article  3,  shall  be  observed. 

The  members  of  Parliament  elected  or  electors  in  the  department,, 
the  senatorial  electors,  delegates  and  alternates,  and  the  candidates  or 
their  representatives  may  alone  be  present  at  these  meetings. 

The  municipal  authorities  shall  see  to  it  that  no  other  person  is 
admitted. 

Delegates  and  alternates  shall  present  as  a  means  of  identification 
a  certificate  from  the  mayor  of  the  commune;  candidates  or  their 
lepresentatives,  a  certificate  from  the  official  who  shall  have  received 
the  declaration  mentioned  in  Paragraph  2.^ 

Art.  17.  Delegates  who  take  part  in  all  the  ballotings  shall,  if 
they  demand  it,  receive  from  the  State,  upon  the  presentation  of  their 
letter  of  summons,  countersigned  by  the  president  of  the  electoral 
college,  a  remuneration  for  traveling  expenses,  which  shall  be  paid 
to  them  upon  the  same  basis  and  in  the  same  manner  as  that  given  to 
jurors  by  Articles  35,  90  and  following  of  the  decree  of  18  June  1811. 

A  public  administrative  regulation  shall  determine  the  manner  of 
fixing  the  amount  and  the  method  of  payment  of  this  remunera- 
tion.* 

1  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  212). 
» Law  on  the   freedom   of  assembly.     The  Law   of  28   March   1907   concerning  public 
gatherings  suppressed  the  formality  of  a  previous  declaration. 

3  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  213). 
*  Decree  of  26  December  1875. 

88381—19 14 


202  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  18.  Every  delegate  who,  without  lawful  reason,  shall  not  take 
part  in  all  the  ballotings,  or,  having  been  hindered,  shall  not  have 
given  notice  to  the  alternate  in  sufficient  time,  shall,  upon  the  demand 
of  the  public  prosecutor,  be  fined  50  francs  by  the  civil  tribunal  of 
the  seat  of  government. 

The  same  penalty  may  be  imposed  upon  the  alternate  who,  after 
having  been  notified  by  letter,  telegram,  or  notice  personally  delivered 
in  due  time,  shall  not  have  taken  part  in  the  election. 

Art.  19.  Every  attempt  at  corruption  or  constraint  by  the  employ- 
ment of  means  enumerated  in  Articles  177  and  following  of  the  Penal 
Code,  to  influence  the  vote  of  an  elector  or  to  keep  him  from  voting, 
shall  be  punished  by  imprisonment  of  from  three  months  to  two  years 
and  by  a  fine  of  from  50  to  500  francs,  or  by  either  of  these  penalties. 

Article  463  of  the  Penal  Code  is  applicable  to  the  penalties  pro- 
vided by  the  present  article.^ 

Art.  20.  There  is  incompatibility  between  the  functions  of  senator 
and  those : 

Of  councilor  of  State  and  maitre  des  requetes,  prefect  and  sub- 
prefect,  except  the  prefect  of  the  Seine  and  the  prefect  of  police. 

Of  member  of  th^  courts  of  appeal  ^  and  of  tribunals  of  first  in- 
stance, except  the  public  prosecutor  before  the  court  of  Paris. 

Of  paymaster  general,  of  special  receiver,  of  official  and  employee 
of  the  central  administration  of  the  ministries.^ 

Art.  21.  No  one  of  the  following  officers  shall  be  elected  by  the 
department  or  the  colony  included  wholly  or  partially  in  his  juris- 
diction during  the  exercise  of  his  duties  or  during  the  six  months 
following  the  cessation  of  his  duties  by  resignation,  dismissal, 
change  of  residence  or  other  cause: 

1.  The  first  presidents,  presidents  and  members  of  the  courts  of 
appeal. 

2.  The  presidents,  vice-presidents,  examining  magitrates  and 
members  of  the  tribunals  of  first  instance. 

3.  The  prefect  of  police,  prefects  and  subprefects  and  secretaries 
general  of  prefectures;  the  governors,  directors  of  the  interior  and 
secretaries  general  of  the  colonies*. 

4.  The  engineers  in  chief  and  of  the  arrondissement  and  road 
surveyors  in  chief  and  of  the  arrondissment. 

5.  The  rectors  and  inspectors  of  academies. 

1  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  p.  213). 

2  France  is  divided  into  26  judicial  districts,  in  each  of  which  there  is  a  court  of 
appeal.  There  are  similar  courts  in  Algeria  and  the  colonies.  The  Court  of  Cassation  is 
the  supreme  court  of  appeal  for  all  France,  Algeria  and  the  colonies. 

3  This  article  was  implicitly  repealed  by  the  Law  of  26  December  1887  (see  below, 
p.  214).  By  Article  3  of  the  Law  of  16  November  1897,  the  governor  and  undergovernor 
of  the  Bank  of  France  are  ineligible  as  deputies  or  senators. 


FRANCE.  203 

C).  The  inspectors  of  primary  schools. 

7.  The  archbishops,  bishops  and  vicars  general.^ 

8.  The  officers  of  all  grades  of  the  land  and  naval  forces. 

9.  The  division  commissaries  and  the  military  deputy  commis- 
saries. 

10.  The  paymasters  general  and  special  receivers  of  money. 

11.  The  superintendents  of  direct  and  indirect  taxes,  of  regis- 
tration and  of  public  propert3^  and  of  posts. 

1-2.  The  commissioner3  and  inspectors  of  forests. 

Art.  2-2.  A  senator  elected  in  several  departments  shall  make 
known  his  choice  to  the  president  of  the  Senate  within  10  days  fol- 
lowing the  verification  of  the  elections.  If  a  choice  is  not  made  in 
this  time,  the  question  shall  be  settled  by  lot  in  open  session. 

The  vacancy  shall  be  filled  within  one  month  and  by  the  same  elec- 
toral body. 

The  same  holds  true  in  case  of  an  invalidated  election. 

Art.  23.  Vacancies  caused  by  the  death  or  resignation  of  senators 
shall  be  filled  within  three  months;  however,  if  the  vacancy  occurs 
within  .six  months  preceding  the  triennial  elections,  it  shall  not  be 
filled  until  those  elections.- 

Arts.  24-25.^ 

Art.  26.  Members  of  the  Senate  shall  receive  the  same  salaries  as 
members  of  the  Chamber  of  Deputies.* 

Art.  27.  All  provisions  of  the  electoral  law  relating  to  the  follow- 
ing matters  are  applicable  to  elections  of  senators : 

1.  To  cases  of  unworthiness  and  incapacity. 

2.  To  offenses,  prosecutions  and  penalties. 

3.  To  election  proceedings,  in  all  matters  not  contrar}^  to  the 
provisions  of  the  present  law. 

iRTS.  28-29.° 
rticle  1.  The  deputies  shall  be  chosen  by  the  voters  registered: 
1.  Upon  the  lists  drawn  up  in  accordnuco  witli  the  Law  of  7 
July  1874. 

^This  clause  was  implicitly  repealed  by  Article  2  of  the  Law  of  9  December  1905 
on  the  separation  of  Church  and  State. 

2  As  amended  by  Article  8  of  the  Law  of  9  December  1884  (see  below,  p.  213). 

'Articles  24  and  25  were  repealed  by  Article  9  of  the  Law  of  9  December  1884. 

*  See  Article  17  of  the  Organic  Law  of  30  November  1875,  p.  207  below. 

'Articles  28  and  29  of  this  law  contained  transitory  provisions. 

•Promulgated  in  the  Journal  officiel  of  31  November  1875.  This  law  has  been 
amended  or  supplemented  by  the  Laws  of  IG  June  1885,  13  February  1889  and  17  July 
1889  (see  below,  pp.  213,  214  and  215,  respectively). 


ORGANIC  LAW  OF  30  NOVEMBER  1875. 
On  the  Election  of  Deputies. 


1 


204  CONSTITUTIONS  OF   THE   STATES  AT  WAK. 

2.  Upon  the  supplementary  list  including  those  who  have  lived 
in  the  commune  six  months.^ 

Registration  upon  the  supplementary  list  shall  take  place  conform- 
ably to  the  laws  and  regulation^  now  governing  the  political  electoral 
lists,  by  the  committees  and  according  to  the  forms  established  by 
Articles  1,  2  and  3  of  the  Law  of  7  July  1874. 

Appeals  relating  to  the  formation  and  revision  of  either  list  shall 
be  brought  directly  before  the  Civil  Chamber  of  the  Court  of  Cass 
tion.^ 

Art.  2.  The  soldiers  of  all  ranks  and  grades,  of  both  land  and  naval 
forces,  shall  not  take  part  in  any  vote  when  they  are  with  their 
regiment,  at  their  post,  or  on  duty.  Those  who,  on  election  day,  are  in 
private  residence,  on  the  non-active  list  or  in  possession  of  a  regular 
leave  of  absence,  may  vote  in  the  commune  on  the  lists  of  which  they 
are  duly  registered.  This  last  provision  shall  apply  equally  to  officert 
on  the  unattached  list  or  on  the  reserve  list.^ 

Art.  3.  During  the  electoral  period,  circulars  and  platforms  signe 
by  the  candidates,  electoral  placards  and  manifestoes  signed  by  or 
or  more  voters,  may,  after  being  deposited  with  the  public  prost 
cutor,  be  posted  and  distributed  without  previous  authorization. 

The  distribution  of  ballots  shall  not  be  subject  to  the  formalit 
of  deposit.* 

Every  public  or  municipal  officer  is  forbidden  to  distribute  balloti 
platforms  or  circulars  of  candidates. 

The  provisions  of  Article  19  of  the  Organic  Law  of  2  Auguj 
1875^  on  the  election  of  senators  shall   apply  to  the  election 
deputies. 

Art.  4.  The  balloting  shall  last  one  day  only.  The  voting  sha 
occur  in  the  chief  town  of  the  commune ;  each  commune  may  neve] 
theless  be  divided,  by  order  of  the  prefect,  into  as  many  sectioi 
as  local  circumstances  and  the  number  of  voters  may  require.  Th 
second  ballot  shall  take  place  on  the  second  Sunday  following  th 
announcement  of  the  first  ballot,  in  accordance  with  the  provisioi 
of  Article  65  of  the  Law  of  15  March  1849. 

Art.  5.  The  voting  shall  take  place  in  accordance  with  the  pri 
visions  of  the  organic  and  regulating  decrees  of  2  February  185: 

The  ballot  shall  be  secret. 

1  There  is  now  only  a  single  list,  common  to  the  political  and  municipal  election 
since  municipal  electors  are  subject  to  only  six  months  residence  (Article  14  of  t4 
Law  of  5  April  1884). 

2  Here  follows  a  transitory  provision,  concerning  the  electoral  lists  of  1875,  omitt* 
here. 

»  See  Article  9  of  the  Law  of  21  March  1905. 

*The  Law  of  20  December  1878  dispensed  with  the  formality  of  deposit  of  balk 
in  all  elections.  The  printer  was  dispensed  from  the  deposit  of  these  ballots  by  t' 
Law  of  27  July  1881. 

^  See  above,  p.  202. 


FRANCE.  205 

The  voting  lists  used  at  the  elections  in  each  section,  signed  by  the 
president  and  secretary,  shall  remain  deposited  for  one  week  at  the 
secretary's  office  at  the  town  hall,  where  they  shall  be  communicated 
to  every  voter  requesting  them. 

Art.  6.  Every  voter  shall  be  eligible,  without  any  property  quali- 
liciition,  at  the  age  of  25  years.^ 

Art.  7.  No  soldier  or  sailor  in  active  service  on  land  or  sea  may, 
whatever  his  rank  or  position,  be  elected  a  member  of  the  Chamber  of 
Deputies. 

This  provision  applies  to  soldiers  and  sailors  on  the  unattached 
list  or  the  inactive  list,  but  does  not  extend  to  officers  of  the  second 
section  of  the  list  of  the  general  staff,  nor  tp  those  who,  kept  in  the 
first  section  for  having  been  commander-in-chief  in  the  field,  have 
ceased  to  be  actively  employed,  nor  to  officers  who,  having  gained  the 
right  to  retire,  are  sent  to  or  kept  at  their  homes  while  awaiting  the 
settlement  of  their  pension. 

The  decision  by  which  the  officer  shall  have  been  permitted  to 
establish  his  rights  on  the  retired  list  shall  become,  in  this  case, 
'irrevocable. 

The  rule  laid  down  in  the  first  paragraph  of  the  present  article 
shall  not  apply  to  the  reserve  of  the  active  army  or  to  the  territorial 
army. 

Art.  8.  The  exercise  of  public  duties  paid  for  out  of  the  treasury  of 
the  State  is  incom|5atible  with  the  office  of  deputy.^ 

Consequently  every  official  elected  shall  be  superseded  in  his  duties 
if,  within  one  week  following  the  verification  of  his  powers,  he  has 
not  signified  that  he  does  not  accept  the  office  of  deputy. 

There  are  excepted  from  the  preceding  provisions  the  duties  of 
minister,  undersecretary  of  State,  ambassador,  minister  plenipoten- 
tiary, prefect  of  the  Seine,  prefect  of  police,  first  president  of  the 
Court  of  Cassation,  first  president  of  the  Court  of  Accounts,  first 
president  of  the  Court  of  Appeal  of  Paris,  attorney  general  of  the 
Court  of  Cassation,  attorney  general  of  the  Court  of  Accounts,  at- 
torney general  of  the  Court  of  Appeal  of  Paris,  archbishop  and 
bishop,  consistorial  presiding  pastor  in  consistorial  districts  the 
seat  of  government  of  which  has  two  or  more  pastors,  chief  rabbi 
of  the  central  consistory,  chief  rabbi  of  the  consistory  of  Paris.^ 

1  Exceptions  to  eligibility  are  to  be  found  in  the  Laws  of  16  June  1885,  22  June  1886, 
17  July  1889  (see  below,  p.  215).  20  July  1895  and  21  March  1905. 

^  To  these  must  be  added  the  duties  of  administrator  of  concessionary  companies  of 
maritime  postal  service  (Law  of  28  June  1883,  Article  10),  administrators  of  railways 
(Law  of  20  November  1883,  Article  5)  and  governor  and  undergovernor  of  the  Bank  of 
France  (Law  of  17  November  1897,  Article  3). 

'  These  religious  officials  were  made  ineligible  for  8  years  by  Article  40  of  the  Law 
of  9  December  1905  on  the  separation  of  Church  and  State. 


206  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

Art.  9.  There  are  also  excepted  from  the  provisions  of  Article  8 : 

1.  Titular  professors  of  chairs  which  are  filled  by  competition  or 
upon  the  nomination  of  the  bodies  where  the  vacancy  occurs. 

2.  Persons  who  have  been  charged  Avith  a  temporary  mission. 
All  missions  continuing  more  than  six  months  cease  to  be  temporary 
and  are  governed  by  Article  8  above.^ 

Art.  10.  The  officer  preserves  the  rights  which  he  has  acquired  to 
a  retiring  pension,  and  may,  after  the  expiration  of  his  mandate, 
be  restored  to  active  service. 

The  civil  officer  who,  having  had  20  years  of  service  at  the  date  of 
the  acceptance  of  the  mandate  of  deputy,  shall  be  50  years  of  age  at 
the  time  of  the  expiration  of  his  mandate,  may  establish  his  rights 
to  an  exceptional  retiring  pension. 

This  pension  shall  be  regulated  according  to  the  third  paragraph 
of  Article  12  of  the  Law  of  9  June  1853.^ 

If  the  officer  is  restored  to  active  service  after  the  expiration  of  his 
mandate,  the  provisions  of  Article  3,  Paragraph  2,  and  Article  28 
of  the  Law  of  9  June  1853  shall  apply  to  him. 

In  duties  where  the  rank  is  distinct  from  the  employment,  the 
officer,  by  the  acceptance  of  the  mandate  of  deputy,  loses  the  employ- 
ment and  preserves  the  rank  only. 

Art.  11.  Every  deputy  appointed  or  promoted  to  a  salaried  pub- 
lic position  shall  cease  to  belong  to  the  Chamber  by  the  very  fact  of 
his  acceptance;  but  he  may  be  reelected,  if  the  office  which  he  occu- 
pies is  compatible  with  the  mandate  of  deputy. 

Deputies  who  become  ministers  or  undersecretaries  of  State  shall 
not  be  required  to  seek  reelection. 

Art.  12.  The  following  officers  shall  not  be  elected  by  the  arron- 
dissement  or  the  colony  included  wholly  or  partially  in  their  juris- 
diction, during  the  exercise  of  their  duties  or  for  six  months  follow- 
ing the  cessation  of  their  duties,  because  of  resignation,  dismissal, 
change  of  residence  or  any  other  cause : 

1.  The  first  presidents,  presidents  and  members  of  the  courts  of 
appeal. 

2.  The  presidents,  vice-presidents,  titular  judges,  examining 
magistrates  and  members  of  the  tribunals  of  first  instance,  as  well  as 
titular  justices  of  the  peace. ^ 


1  See  Law  of  26  December  1887. 

2  The  Law  of  29  March  1897  added  that,  for  officials  subject  (as  concerns  the  pension)'" 
to  the  Law  of  22  August  1790,  this  pension  shall  be  regulated  at  the  rate  of  one 
thirtieth  (per  year  of  service)  of  the  pension  which  would  have  been  settled  upon 
them  for  30  years  of  service.  The  same  law  also  makes  these  provisions  applicable 
to  the  case  provided  for  by  the  second  paragraph  of  the  sole  article  of  the  Law  of 
26  December  1887. 

3  The  Law  of  30  March  1902  added  the  phrase  "  as  well  as  titular  justices  of  the 
peace." 


FRANCE.  207 

3.  The  prefect  of  police,  the  prefects  and  secretaries  general  of 
prefectures;  the  governors,  directors  of  the  interior  and  secre- 
taries general  of  the  colonies. 

4.  The  engineers  in  chief  and  of  the  arrondissement  and  road 
surveyors  in  chief  and  of  the  arrondissement. 

5.  The  rectors  and  inspectors  of  academies. 

6.  Thfe  inspectors  of  primary  schools. 

7.  The  archbishops,  bishops  and  vicars  general.^ 

8.  The  paymasters  general  and  special  receivers  of  money.' 

9.  The  superintendents  of  direct  and  indirect  taxes,  of  registra- 
tion and  of  public  property,  and  of  posts. 

10.  The  commissioners  and  inspectors  of  forests. 

The  subprefects  and  councilors  of  the  prefecture  ^  shall  not  be 
elected  in  any  of  the  arrondissements  of  the  department  in  which  they 
perform  their  duties. 

Art.  13.  Every  attempt  to  bind  deputies  by  instructions  is  null  and 
void. 

Art.  14.3 

Art.  15.  Deputies  shall  be  chosen  for  four  years. 

The  Chamber  shall  be  renewed  integrally. 

Art.  16.  In  case  of  vacancy  by  death,  resignation  or  otherwise,  a« 
new  election  shall  be  held  within  three  months  of  the  date  when  the 
vacancy  occurred.* 

In  case  of  option,^  the  vacancy  shall  be  filled  within  one  month. 

Art.  17.  Deputies  shall  receive  an  indemnity. 

The  legislative  indemnity  is  fixed  at  fifteen  thousand  (15,000) 
francs^  per  year,  beginning  with  1  January  1907.  It  is  regulated 
by  the  second  paragraph  of  Article  96  and  by  Article  97  of  the  Law 
of  15  March  1849,  as  well  as  by  the  provisions  of  the  Law  of  16 

Rbruary  1872. 
Irt.  18.  No  one  shall  be  elected  on  the  first  ballot  unless  he  receives : 
1.  An  absolute  majority  of  the  votes  cast. 
2.  A  number  of  votes  equal  to  one-fourth  of  the  number  of  voters 
I'ogistered. 

I  1  Implicitly  repealed  by  Article  40  of  the  Law  of  9  December  1905  on  the  separation 
of  Church  and  State. 

2  The  Law  of  30  March  1902  added  the  phrase  "  and  councilors  of  the  prefecture." 

8  This  article  was  repealed  by  the  Law  of  16  June  1885  (see  below,  p.  213),  which 
established  the  ballot  by  ticket  {scrutin  dc  li^te)  in  place  of  the  separate  ballot  {scrtUin 
individuel)  or  system  of  single  districts,  but  was  reenacted  almost  word  for  word  by  the 
Law  of  13  February  1889,  Article  2  (see  below,  p.  214). 

*  See  Article  7  of  the  Law  of  16  June  1885,  p.  214  below. 

"  I.  e.,  when  a  deputy  has  been  elected  from  two  or  more  districts,  and  decides  which 
one  he  will  serve. 

^  As  amended  by  the  Law  of  23  November  1906 ;  before  the  passage  of  this  law  deputies 
and  senators  received  9,000  francs  per  year.  The  Law  of  16  February  1872  prohibits 
the  adding  of  the  indemnity  to  State  salaries  (plurality  of  offices).  Article  96  of  the 
Law  of  15'  March  1849  treats  of  the  same  subject.  Article  97  permits  the  seizure  of 
the  entire  indemnity. 


208  CONSTITUTIONS   OF  THE   STATES   AT  WAR. 

On  the  second  ballot  a  plurality  is  sufficient.  In  case  of  an  equality 
of  votes,  the  oldest  is  elected.^ 

Art.  19.2 

Art.  20.  The  voters  living  in  Algeria  in  a  place  not  yet  made  a 
commune  shall  be  registered  on  the  electoral  list  of  the  nearest 
commune. 

When  it  is  necessary  to  establish  electoral  districts,  either  for  the 
purpose  of  grouping  mixed  communes  in  each  of  which  the  number 
of  voters  is  insufficient,  or  to  bring  together  voters  living  in  places 
not  formed  into  communes,  the  decrees  for  fixing  the  seat  of  these 
districts  shall  be  issued  by  the  governor  general,  upon  the  report  of 
the  prefect  or  of  the  general  commanding  the  division. 

Art.  21.3 

Art.  22.  Every  violation  of  the  prohibitive  provisions  of  Article 
3,  Paragraph  3,  of  the  present  law  shall  be  punished  by  a  fine  of  from 
16  francs  to  300  francs.  Nevertheless  the  criminal  courts  may  apply 
Article  463  of  the  Penal  Code. 

The  provisions  of  Article  6  of  the  Law  of  7  July  1874  shall  apply 
to  the  political  electoral  lists.* 

The  Decree  of  29  January  1871  and  the  Laws  of  10  April  1871, 
^  May  1871  and  18  February  1873  are  repealed. 

Paragraph  11  of  Article  15  of  the  Organic  Decree  of  2  February 
1852  is  also  repealed,  in  so  far  as  it  refers  to  the  Law  of  21  May  1836 
on  lotteries,  reserving,  however,  to  the  courts  the  right  to  apply 
Article  42  of  the  Penal  Code  to  convicted  persons. 

The  provisions  of  the  laws  and  decrees  now  in  force,  not  in  conflict 
with  the  present  law,  shall  continue  to  be  applied. 

Art.  23.  The  provision  of  Article  12  of  the  present  law  by  which 
an  interval  of  six  months  must  elapse  between  the  cessation  of  duties 
and  election  shall  not  apply  to  officials  other  than  prefects  and 
subprefects,  whose  duties  shall  have  ceased  either  before  the  promul- 
gation of  the  present  law  or  within  20  days  thereafter. 


LAW  OF  22  JULY  1879.^ 


On  the  Seat  of  the  Executive  Power  and  or  the  Two  Houses 

AT  Paris. 

Article  1.  The  seat  of  the  executive  power  and  of  the  two  houses 
shall  be  at  Paris. 

1  This  article  should  be  considered  as  implicitly  repealed  by  Article  5  of  the  Law  of 
16  June  1885  which  repeats  the  terms  of  this  article  almost  word  for  word. 

*  This   article,   concerning  the    representation   of   Algeria,   was   implicitly   repealed   b^ 
Article  3  of  the  Law  of  13  February  1889  (see  below,  p.  214). 

3  This  article,   concerning  the  representation  of  the  colonies,   was  implicitly  repealed 
by  Article  3  of  the  Law  of  13  February  1889  (see  below,  p.  214). 

*  The  Law  of  7  July  1874  concerns  the  municipal  electorate.     Article  6  of  that  law 
punishes  fraudulent  registrations  on  the  electoral  lists. 

*  Promulgated  in  the  Journal  offlciel  of  23  July  1879. 


4 


FRANCE.  209 

Art.  2.  The  Palace  of  the  Luxemburg  and  the  Palais-Bourbon  are 
assigned,  the  first  to  tlie  use  of  the  Senate  and  the  second  to  that  of 
the  Chamber  of  Deputies. 

Nevertheless  each  of  the  houses  is  authorized  to  choose,  in  the 
city  of  Paris,  the  palace  which  it  wishes  to  occupy. 

Art.  3.  The  various  parts  of  the  palace  of  Versailles  now  occupied 
l»y  the  Senate  and  the  Chamber  of  Deputies  shall  preserve  their 
arrangements. 

Whenever,  according  to  Articles  7  and  8  of  the  Law  of  25  February 
1875  on 'the  organization  of  the  public  powers,  a  meeting  of  the 
National  Assembly  takes  place,  it  shall  sit  at  Versailles,  in  the  pres- 
ent hall  of  the  Chamber  of  Deputies. 

Whenever,  according  to  Article  9  of  the  Law  of  24  February  1875 
on  the  organization  of  the  Senate,  and  Article  12  of  the  Constitutional 
Law  of  16  July  1875  on  the  relations  of  the  public  powers,  the 
Senate  shall  be  called  upon  to  constitute  itself  a  court  of  justice,  it 
shall  indicate  the  town  and  place  where  it  proposes  to  sit. 

Art.  4.  The  Senate  and  Chamber  of  Deputies  shall  sit  at  Paris  on 
and  after  3  November  next. 

Art.  5.  The  presidents  of  the  Senate  and  of  the  Chamber  of 
Deputies  are  charged  w^ith  the  duty  of  securing  the  internal  and 
external  safety  of  the  houses  over  which  they  preside. 

For  this  purpose  they  shall  have  the  right  to  call  upon  the  armed 
forces  and  upon  all  the  authorities  whose  assistance  they  consider 
necessary. 

Such  requisitions  may  be  addressed  directly  to  all  officers,  com- 
manders or  officials,  who  are  bound  to  obey  immediately,  under  the 
penalties  established  by  the  laws. 

The  presidents  of  the  Senate  and  of  the  Chamber  of  Deputies 
may  delegate  to  the  questors  or  to  one  of  them  their  right  of  demand- 
ing aid. 

Art.  6.  Every  petition  to  either  of  the  houses  shall  be  made  and 
presented  only  in  writing.  It  is  forbidden  to  present  them  in  person 
or  at  the  bar. 

Art.  7.  Every  violation  of  the  preceding  article,  every  provocation, 
by  public  speeches,  by  writings  or  printed  matter,  posted  or  dis- 
tributed, to  a  crowd  upon  the  public  ways,  having  for  its  object 
the  discussion,  drawing  up  or  carrying  to  the  houses  or  to  one  of 
them,  of  petitions,  declarations  or  addresses,  shall  be  punished  by 
the  penalties  enumerated  in  Paragraph  1  of  Article  5  of  the  Law  of 
7  June  1848,  whether  or  not  any  results  follow  from  such  actions. 

Art.  8.  The  preceding  provisions  do  not  diminish  the  force  of  the 
Law  of  7  June  1848  on  riotous  assemblies. 

Art.  9.  Article  463  of  the  Penal  Code  is  applicable  to  the  offenses 
mentioned  in  the  present  law. 


210  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

LAW  OF  9  DECEMBER  1884.^ 

Amending  the  Organic  Laws  on  the  Organization  of  the  Senate 
AND  THE  Election  of  Senators. 

Article  1.  The  Senate  shall  be  composed  of  300  members,  elected 
by  the  departments  and  the  colonies. 

The  present  members,  without  any  distinction  between  senator^ 
elected  by  the  National  Assembly  or  by  the  Senate  and  those  elected 
by  the  departments  and  colonies,  shall  retain  their  offices  during 
the  time  for  which  they  have  been  chosen. 

Art.  2.  The  Department  of  the  Seine  shall  elect  10  senators. 

The  Department  of  the  Nord  shall  elect  8  senators. 

The  departments  of  C6tes-du-Nord,  Finistere,  Gironde,  Ille-et- 
Vilaine,  Loire,  Loire-Inferieure,  Pas-de-Calais,  Rhone,  Saone-et- 
Loire  and  Seine-Inferieure  shall  elect  5  senators  each. 

Aisne,  Bouches-de-Rhone,  Charente-Inferieure,  Dordogne,  Haute- 
Garonne,  Isere,  Maine-et-Loire,  Manche,  Morbihan,  Puy-de-D6me, 
Seine-et-Oise  and  Somme  shall  elect  4  senators  each. 

Ain,  Allier,  Ardeche,  Ardennes,  Aube,  Aude,  Aveyron,  Calvados, 
Charente,  Cher,  Correze,  Cor^e,  Cote-d'Or,  Creuse,  Doubs,  Drome, 
Eure,  Eure-et-Loir,  Gard,  Gers,  Herault,  Indre,  Indre-et-Loire,  Jura, 
Landes,  Loir-et-Cher,  Haute-Loire,  Loiret,  Lot,  Lot-et-Garonne, 
Marne,  Haute-Marne,  Mayenne,  Meurthe-et-Moselle,  Meuse,  Nievre, 
Oise,  Orne,  Basses-Pyrenees,  Haute-Saone,  Sarthe,  Savoie,  Haute- 
Savoie,  Seine-et-Marne,  Deux-Sevres,  Tarn,  Var,  Vendee,  Vienne, 
Haute- Vienne,  Vosges  and  Yonne  shall  elect  3  senators  each. 

Basges-Alpes,    Hautes-Alpes,    Alpes-Maritimes,    Ariege,    Canta! 
Lozere,  Hautes-Pyrenees,  Pyrenees-Orientales,  Tarn-et-Garonne  and 
Vaucluse  ghall  elect  2  senators  each. 

The  territory  of  Belfort,  the  three  departments  of  Algeria,  the 
four  colonies  of  Martinique,  of  Guadeloupe,  of  Reunion  and  of  the 
French  Indies  shall  elect  1  senator  each.-  M 

Art.  3.  In  the  departments  where  the  number  of  senators  is  ii^| 
creased  by  the  present  law,  the  increase  shall  take  effect  as  vacancies 
occur  among  the  irremovable  senators. 

For  this  purpose,  within  a  week  after  the  vacancy  occurs,  it  sha' 
be  determined  by  lot  in  public  session  what  department  shall 
called  upon  to  elect  a  senator. 

This  election  shall  take  place  within  three  months  of  the  dete; 
mination  by  lot.  However,  if  the  vacancy  occurs  within  six  months 
preceding  the  triennial  election,  the  vacancy  shall  not  be  filled  until 
that  election. 

*  Promulgated  in  the  Journal  offlciel  of  10  December  1884. 

2  This  redistribution  was  not  effective  until  after  the  death  of  the  last  irremovable  • 
senator  (see  Article  3  of  this  law). 


7 

I 


I 


FRANCE.  211 

The  mandate  thus  conferred  shall  expire  at  the  same  time  as  that 
of  the  other  senators  belonf^ing  to  the  same  department. 

Art.  4.  No  one  shall  be  a  senator  unless  he  is  a  French  citizen  at 
least  40  years  of  age  and  in  the  enjoyment  of  civil  and  political 
rights.^ 

^Members  of  families  that  have  reigned  in  France  are  ineligible  to 
the  Senate. 

Art.  5.  The  soldiers  of  the  land  and  naval  forces  shall  not  be 
elected  senators. 

There  are  excepted  from  thi^  provision : 

1.  The  marshals  of  France  and  admirals. 

2.  The  general  officers  maintained  without  limit  of  age  in  the 
first  section  of  the  list  of  the  general  staff  and  not  provided  with  a 
command. 

3.  The  general  officers  placed  in  the  second  section  of  the  list  of 
the  general  staff. 

4.. Members  of  the  land  and  naval  forces  who  belong  either  to 
the  reserve  of  the  active  army  or  to  the  territorial  army. 

Art.  6.  Senators  shall  be  elected  by  scrutin  de  liste,  by  a  college 
meeting  at  the  capital  of  the  department  or  of  the  colony  and  com- 
posed : 

1.  Of  the  deputies. 

2.  Of  the  general  councilors. 

3.  Of  the  councilors  of  the  arrondissement. 

4.  Of  delegates  elected  from  among  the  voters  of  the  commune 
by  each  municipal  council. 

Councils  composed  of  10  members  shall  elect  1  delegate. 

Councils  composed  of  12  members  shall  elect  2  delegates.   ' 

Councils  composed  of  16  members  shall  elect  3  delegates. 

Councils  composed  of  21  members  shall  elect  6  delegates. 

Councils  composed  of  23  members  shall  elect  9  delegates. 

Councils  composed  of  27  members  shall  elect  12  delegates. 

Councils  compjosed  of  30  members  shall  elect  15  delegates. 

Councils  composed  of  32  members  shall  elect  18  delegates. 

Councils  composed  of  34  members  shall  elect  21  delegates. 

Councils  composed  of  36  members  or  more  shall  elect  24  delegates. 

The  municipal  council  of  Paris  shall  elect  30  delegates. 

In  the  French  Indies  the  members  of  the  local  councils  shall  take 
the  place  of  councilors  of  the  arrondissement.  The  municipal  coun- 
cil of  Pondichery  shall  elect  5  delegates.  The  municipal  council  of 
Karikal  shall  elect  3  delegates.  All  of  the  other  communes  shall 
elect  2  delegates  each.^ 

*  By  the  Law  of  20  July  1895  no  one  may  become  a  member  of  either  house  unless  he 
has  complied  with  the  law  regarding  military  service. 

=>As  amended  by  the  Law  of  17  December  1908.  which  repealed  a  last  paragraph 
worded  as  follows  :  "  The  balloting  shall  talse  place  at  the  seat  of  government  of  eacji 

district." 


212  COl^STITUTIONS   OF   THE  STATES  AT  WAR. 

Art  T.  Members  of  the  Senate  shall  be  elected  for  9  years. 

The  Senate  shall  be  renewed  every  3  years  according  to  the  order 
of  the  present  series  of  departments  and  colonies. 

Art.  8.  Articles  2  (Paragraphs  1  and  2),  3,  4,  5,  8,  14,  16, 19  and  23 
of  the  Organic  Law  of  2  August  1875  on  the  elections  of  senators  are 
amended  as  follows: 

Article  2  (Paragraphs  1  and  2).  In  each  municipal  council  the  election  of 
delegates  shall  take  place  without  debate  and  by  secret  ballot,  by  scrutin  de  liste 
and  by  an  absolute  majority  of  votes  cast. 

After  two  ballots  a  plurality  shall  be  sufficient,  and  in  case  of  an  equality 
of  votes  the  oldest  is  elected. 

The  procedure  and  method  shall  be  the  same  for  the  election  of  alternates. 

Councils  having  1,  2  or  3  delegates  to  choose  shall  elect  1  alternate. 

Those  choosing  6  or  9  delegates  shall  elect  2  alternates. 

Those  choosing  12  or  15  delegates  shall  elect  3  alternates. 

Those  choosing  18  or  21  delegates  shall  elect  4  alternates. 

Those  choosing  24  delegates  shall  elect  5  alternates. 

The  municipal  council  of  Paris  shall  elect  8  alternates. 

The  alternates  shall  take  the  place  of  delegates  in  case  of  refusal  or  inability 
to  serve,  in  the  order  determined  by  the  number  of  votes  received  by  each  of 
them. 

Art.  3.  In  communes  where  the  duties  of  the  municipal  council  are  performed 
by  a  special  delegation  organized  by  virtue  of  Article  44  of  the  Law  of  5 
April  1884,  the  senatorial  delegates  and  alternates  shall  be  chosen  by  the  former 
council. 

Art.  4.  If  the  delegates  were  not  present  at  the  election,  notice  shall  be  given 
them  by  the  mayor  within  24  hours.  They  shall,  within  5  days,  notify  the 
prefect  of  their  acceptance.  In  case  of  refusal  or  silence,  they  shall  be  replaced 
by  the  alternates,  who  shall  then  be  placed  upon  the  list  as  the  delegates  of 
the  commune. 

Art.  5.  The  official  report  of  the  election  of  delegates  and  alternates  shall; 
he  transmitted  at  once  to  the  prefect.  It  shall  state  the  acceptance  or  refusa 
of  the  delegates  and  alternates,  as  well  as  the  protests  raised,  by  one  or  more 
members  of  the  municipal  council,  against  the  legality  of  the  election.  A  copy 
of  this  official  report  shall  be  posted  on  the  door  of  the  town  hall. 

Art.  8.  Protests  concerning  the  election  of  delegates  or  of  alternates  shall 
be  decided,  subject  to  an  appeal  to  the  Council  of  State,  by  the  council  of 
the  prefecture,  and,  in  the  colonies,  by  the  privy  council. 

Delegates  whose  election  is  annulled  because  they  do  not  fulfill  some  one  of 
the  conditions  demanded  by  law,  or  because  of  informality,  shall  be  replaced  by 
the  alternates. 

In  case  the  election  of  a  delegate  and  of  an  alternate  is  annulled,  or  in  the 
case  of  the  refusal  or  death  of  both  of  them  after  their  acceptance,  new 
elections  shall  be  held  by  the  municipal  council  on  a  day  fixed  by  an  order  of 
the  prefect. 

Art.  14.  The  first  ballot  shall  begin  at  8  o'clock  in  the  morning  and  close 
at  noon.  The  second  shall  begin  at  2  o'clock  and  close  at  5  o'clock.  The  third 
shall  begin  at  7  o'clock  and  close  at  10  o'clock.  The  results  of  the  balloting 
shall  be  canvassed  by  the  bureau  and  announced  immediately  by  the  presi- 
dent of  the  electoral  college. 


f 

i 


FRANCE.  21 S 

Art.  16.  Political  meetings  for  the  nomination  of  senators  may  be  held 
from  the  date  of  the  promulgation  of  the  decree  summoning  the  electors  up 
to  the  day  of  the  election,  inclusive. 

The  declaration  prescribed  by  Article  2  of  the  Law  of  30  June  1881 '  shall 
be  made  by  two  voters  at  least. 

The  forms  and  regulati(ms  of  this  article,  as  well  as  those  of  Article  3» 
shall  be  observed. 

The  members  of  Parliament  elected  or  electors  in  the  department,  the 
senatorial  electors,  delegates  and  alternates,  and  the  candidates  or  their  repre- 
sentatives may  alone  be  present  at  these  meetings. 

The  municipal  authorities  shall  see  to  it  that  no  other  person  is  admitted. 

Delegates  and  alternates  shall  present  as  a  means  of  identification  a  certifi- 
cate from  the  mayor  of  the  commune;  candidates  or  their  representatives,  a 
certificate  from  the  official  who  shall  have  received  the  declaration  mentioned 
in  Paragraph  2. 

Art.  19.  Every  attempt  at  corruption  or  constraint  by  the  employment  of 
means  enumerated  in  Articles  177  and  following  of  the  Penal  Code,  to  in- 
fluence the  vote  of  an  elector  or  to  keep  him  from  voting,  shall  be  punished  by 
imprisonment  of  from  three  months  to  two  years  and  by  ^  fine  of  from  50  to  500 
francs,  or  by  either  of  these  penalties. 

Article  463  of  the  Penal  Code  is  applicable  to  the  penalties  provided  by  the 
present  article. 

Art.  23.  Vacancies  caused  by  the  death  or  resignation  of  senators  shall  be 
filled  within  three  months;  however,  if  the  vacancy  occurs  within  six  months 
preceding  the  triennial  elections,  it  shall  not  be  filled  until  those  elections. 

Art.  9.  The  following  are  repealed : 

1.  Articles  1-7  of  the  Law  of  24  February  1875  on  the  organi- 
zation of  the  Senate. 

2.  Articles  24  and  25  of  the  Law  of  2  August  1875  on  the  elec- 
tions of  senators.^ 

LAW  OF  16  JUNE  1885.^ 

Amending  the  Electoral  Law. 

Articles  1-3.* 

Art.  4.  Members  of  families  that  have  reigned  in  France  are  in- 
eligible to  the  Chamber  of  Deputies.'* 

Art.  5.  No  one  shall  be  elected  on  the  first  ballot  unless  he 
receives : 

1.  An  absolute  majority  of  the  votes  cast. 

2.  A  number  of  votes  equal  to  one-fourth  of  the  total  number  of 
voters  registered. 

1  See  above,  p.  201,  note  2. 

*  The  transitory  provisions  of  this  law  are  omitted,  because  they  are  practically 
repeated  in  the  Law  of  26  December  1887  on  parliamentary  incompatibilities  (see 
below,  p.  214). 

8  Promulgated  in  the  Journal  offloiel  of  17  June  1885. 

*  Articles  1,  2  and  3  of  this  law  were  repealed  by  the  Law  of  13  February  1889 
(see  below,  p.  214). 

"For  similar  provisions  regarding  the  Presidency  of  the  Republic  and  the  Senate, 
see  Article  2  of  the  Law  of  14  August  1884  and  Article  4  of  the  Law  of  9  December 
1884  (see  above,  pp.  198,  211).  Article  4  of  the  Law  of  22  June  1880  prohibited  every 
elective  office  to  the  members  of  families  that  have  reigned  In  France. 


214  CONSTITUTIONS  OF   THE  STATES  AT  WAR. 

On  the  second  ballot  a  plurality  shall  be  sufficient. 

In  case  of  an  equality  of  votes,  the  oldest  of  the  candidates  i& 
elected. 

Art.  6.  Subject  to  the  case  of  a  dissolution  provided  for  and  regu- 
lated by  the  Constitution,  the  general  elections  shall  take  place  within 
the  60  days  preceding  the  expiration  of  the  powers  of  the  Chamber 
of  Deputies. 

Art.  7.  Vacancies  Avhich  occur  in  the  six  months  preceding  the 
renewal  of  the  Chamber  shall  not  be  filled. 

LAW  OF  26  DECEMBER  1887.^ 
Ox  Parliamentary  Incompatibilities. 

Until  the  passage  of  a  special  law  on  parliamentary  incompati- 
bilities. Articles  8  and  9  of  the  Law  of  30  November  1875  shall  be 
applicable  to  senatorial  elections.^ 

Every  officer  affected  by  this  provision  who  has  had  '20  years  of 
service  and  is  50  years  of  age  at  the  time  of  his  acceptance  of  the  office 
of  senator,  may  establish  his  rights  to  a  proportional  retiring  pen- 
sion, which  shall  be  governed  by  the  third  paragraph  of  Article  12  of 
the  Law  of  9  June  1853. 

LAW  OF  13  FEBRUARY  1889.^ 
Reestablishing  Single  Districts  for  the  Election  or  Deputies. 

Article  1.  Articles  1,  2  and  3  of  the  Law  of  16  June  1885  are  re- 
pealed. 

Art.  2.  Members  of  the  Chamber  of  Deputies  shall  be  elected  by 
single  districts.  Each  administrative  arrondissement  in  the  depart- 
ments, and  each  municipal  arrondissement  at  Paris  and  at  Lyons,  shall 
elect  one  deputy.  Arrondissements  the  population  of  which  exceeds 
100,000  inhabitants  shall  elect  an  additional  deputy  for  every  100,000 
or  fraction  of  100,000  inhabitants.  Arrondissements  in  such  cases 
shall  be  divided  into  districts,  a  table*  of  which  is  annexed  to  the 
present  law  and  shall  only  be  changed  by  law. 

Art.  3.  One  deputy  is  assigned  to  the  territory  of  Belfort,  6  -to 
Algeria  and  10  to  the  colonies,  as  is  indicated  by  the  table. 

Art.  4.  On  and  after  the  promulgation  of  the  present- law,  until  the 
renewal  of  the  Chamber  of  Deputies,  vacancies  occurring  in  the 
Chamber  of  Deputies  shall  not  be  filled. 

1  Promulgated  in  the  Journal  offlciel  of  28  December  1887. 

2  See  this  law,  p.  203  above  ;  see  also  Article  20  of  the  Law  of  2  August  1875,  p.  202 
above. 

3  Promulgated  in  the  Journal  offioicl  of  14  February  1889. 

*  This  table  is  omitted.  It  may  be  found  in  the  Journal  offioiel  of  14  February  1889  ; 
it  has  been  modified  by  the  Laws  of  22  July  1893,  6  April  1898,  30  March  1902  and 
27  March  1914. 


FRANCE.  215 

LAW  OF  17  JULY  1889.^ 

On  Multiple  Candidatures. 

Article  1.  No  one  shall  be  a  candidate  in  more  tnan  one  district. 
Arts.  2-6.2 

1  Promulgated  in  the  Journal  offlciel  of  18  July  1889, 

2  Formalities  imposed  upon  candidates  and  penalties  for  tlielr  violation. 


GERMANY. 

From  the  dissolution  of  the  Holy  Roman  Empire  in  180G  to  the 
reconstruction  of  the  German  Empire  in  1871  the  constitutional  his- 
tory of  Germany  may  be  divided  into  three  c\istinct  periods:  (1) 
The  preponderance  of  France  (Confederation  of  the  Rhine)  ;  (2)  the 
preponderance  of  Austria  (German  Confederation)  ;  and  (3)  the 
preponderance  of  Prussia  (North  German  Confederation). 

The  Confederation  of  the  Khine,  established  in  July  1806,  included 
practically  all  of  the  German  States  except  Austria  and  Prussia, 
With  the  fall  of  Napoleon  it  was  replaced  by  the  German  Confedera- 
tion. The  Confederation  Act  of  8  June  1815  ^  was  amended  by  the 
Vienna  Final  Act  of  15  May  1820,^  which  united  the  States  for  the 
repression  of  liberal  principles.  Until  the  revolution  of  1848  the 
movement  for  German  unity  was  confined  largely  to  liberal  theorists. 
This  revolution  forced  the  governments  to  act.  A  German  National 
Assembly  met  on  18  May  1848  and  eventually  adopted  the  Imperial 
Constitution  of  28  March  1849.  But  by  this  time  the  liberal  move- 
ment had  begun  to  lose  force.  Austria  had  gained  the  victory  over 
the  revolutionary  forces  within  its  borders  and  firmly  opposed  any 
scheme  which  would  give  to  Prussia  the  leadership  of  a  united  Ger- 
many. The  German  Confederation  was  reestablished  and  continued 
until  Austria  was  expelled  from  Germany  by  force  of  arms. 

The  Schleswig-Holstein  affair  led  to  an  open  conflict  between 
Prussia  and  Austria  in  1866.  In  the  war  which  followed,  Austria 
and  her  allies  among  the  small  States  were  signally  defeated,  and, 
by  the  Peace  of  Prague  of  28  August  1866,^  Austria  gave  its  "  consent 
to  the  new  organization  of  Germany  without  the  participation  of  the 
A  ustrian  Empire.'-  The  relations  of  the  South  German  States  to  the 
new  Confederation  of  the  North  German  States,  which  had  been 
established  on  10  June  1866,  were  to  be  established  by  future  nego- 
tiations. With  the  adhesion  of  the  four  South  German  States  to  the 
Confederation,  the  latter  became  the  German  Empire. 

By  the  treaties  with  the  South  German  States  changes  had  been 
introduced  into  the  Constitution  of  the  North  German  Confederation 


1  English  translation  in  Edward  Hertslet,  Map  of  Europe  by  Treaty,  vol.  i  (London, 
187n).  pp.  200-207.  German  text  and  French  translation  In  parallel  columns  in  the 
Britixh  and  Forciffn  State  Papers,  2:  pp.  114-1.'{6.  * 

2  English  translation  in  Hkrtslet,  op.  cit.,  pp.  6.36-657.  French  translation  in  tha 
BritiHh  and  Foreign  State  Papers,  7  :  pp.  390^14. 

•■'English  translation  in  Hertslet,  op.  cit.,  vol.  iii  (Ivondon,  1875),  pp.  1720-1726,  and 
In  tlK'  liritisJi  and  Forevin  State  Papers,  .16  :  pp.   1050-1054. 

217 
88381—19 15 


218  CONSTITUTIONS  OF   THE   STATES  AT   WAR. 

and  therefore  the  Constitution  of  the  Empire  was  now  contained  in 
the  following  four  documents : 

1.  The  Constitution  of  the  North  German  Confederation  of  16 
April-11  June  1867/ 

2.  The  Protocol  of  15  Xovember  1870  ^  between  the  Xorth  German 
Confederation,  Baden  and  Hesse. 

3.  The  Treaty  of  25  November  1870  ^  between  the  Xorth  German 
Confederation,  Baden  and  Hesse  on  the  one  side  and  Wiirttemberg 
on  the  other. 

1.  The  Treaty  of  23  November  1870^  concerning  the  adhesion  of 
Bavaria  to  the  North  German  Confederation. 

The  Imperial  Constitution  of  16  April  1871  was  practically  a  con- 
solidation of  the  permanent  provisions  of  these  four  instruments. 
This  Constitution  has  been  amended  10  times  since  1871,  and  in  the 
text  given  below  not  only  have  these  formal  amendments  been  inserted 
in  their  proper  places,  but  also  many  other  important  changes  which 
the  Constitution  has  undergone  by  means  of  addition  of  territory, 
interpretation  in  practice,  and  of  ordinary  legislation  have  been  indi- 
cated in  the  footnotes.^ 


CONSTITUTION  OF  16  APRIL  1871. « 

[Preamble.] 

His  Majesty  the  King  of  Prussia,  in  the  name  of  the  North  German 
Confederation,  His  Majesty  the  King  of  Bavaria,  His  Majesty  the 
King  of  Wiirttemberg,  His  Royal  Highness  the  Grand  Duke  of 
Baden,  and  His  Royal  Highness  the  Grand  Duke  of  Hesse  and  Rhen- 
ish Hesse  for  those  parts  of  the  Grand  Duchy  of  Hesse  lying  south 
of  the  Main,  conclude  an  eternal  Confederation  for  the  protection 
of  the  federal  territory,  and  of  the  rights  of  the  same  as  well  as  for 
the  promotion  of  the  welfare  of  the  German  people.  This  Con- 
federation shall  bear  the  name  of  the  German  Empire,  and  shall 
have  the  following  Constitution. 

1  English  ti-anslatton  in  Hkktslet,  op.  cif.,  pp.  1807-1828. 

2  Englisli  translation  in  the  British  and  Foreign  State  Papers,  61  :  pp.  110-113. 

3  English  translation  in  the  British  and  Foreign  State  Papers,  61  :  pp.  128-131. 

4  English  translation  in  the  British  and  Foreign  State  Papers,  61  :  pp.  113-127. 

r.  These  introductory  paragraphs  are  based  upon  W.  F.  Dodd,  Modern  Constitutions 
<Chicago,  1909),  vol.  i,  pp.  321-324,  and  F.  R.  Dareste  et  P.  Dakeste,  Les  Constitutions 
miodernes  (3d  edition,  Paris,  1910),  vol.  i,  pp.  170-172. 

6  German  text  in  Felix  Stoerk,  Ilandhuch  der  dcutschen  Verfaj^sungen  (2d  edition,  by 
F.  W.  vox  Rauchhaupt,  Munich,  1913),  pp.  8-25,  and  in  Paul  Posener,  Die  Staatsver- 
fassungen  des  Erdhalls  (Charlottenburg,  1909),  pp.  46-63.  French  translation  in 
Dareste,  op.  cit.,  pp.  172-200,  English  translation  in  Dodd,  op.  eit.,  pp.  325-351,  and  by 
E.  J.  James  in  Foreign  Constitutions  [The  Convention  Manual  of  the  Sia-th  New  York 
State  Constitutional  Convention,  189^,  part  2,  vol.  3]  (Albany,  1894),  pp.  26&-280. 
The  translation  given  here  is  based  on  the  one  in  Dodd,  which  has  been  brought  up  to 
date  by  a  comparison  with  Stoerk-Rauchiialpt. 


GERMANY.  219 

I. — Federal  Territory. 

,  Article  1.  The  federal  territory  shall  consist  of  the  States  of 
Prussia  with  Lauenburg,  Bavaria,  Saxony,  Wiirttemberg,  Baden, 
Hesse,  Mecklenbiirg-Schwerin,  Saxe-Weimar,  Mecklenburg-Strelitz, 
Oldenburg,  Brunswick,  Saxe-Meiningen,  Saxe-Altenburg,  Saxe- 
Coburg-Gotha,  Anhalt,  Schwarzburg-Rudolstadt,  Schwarzburg- 
Sondershausen,  Waldeck,  Reuss,  elder  line,  Reuss,  younger  line, 
Schaumburg-Lippe,  Lippe,  Liibeck,  Bremen  and  Hamburg.^ 

II. — Legislation  of  the  Empire. 

Art.  2.  Within  this  federal  territory  the  Empire  shall  exercise  the 
right  of  legislation  ^  in  accordance  with  the  provisions  of  this  Consti- 
tution ;  and  the  laws  of  the  Empire  shall  take  precedence  of  the  laws 
of  the  States.  The  laws  of  the  Empire  shall  receive  their  binding 
force  by  imperial  promulgation,  through  the  medium  of  a  Reichs- 
gesetzhlatt  [Imperial  Gazette].  If  no  other  time  is  designated  for 
the  published  law  to  take  effect,  it  shall  become  effective  on  the  four- 
teenth day  after  its  publication  in  the  Reichsgesetzhlatt  at  Berlin. 

Art.  3.  There  shall  be  a  common  citizenship  for  all  Germany,  and 
the  members  (subjects  or  citizens)  of  each  State  of  the  Confederation 
shall  be  treated  in  every  other  State  as  natives,  and  shall  accordingly 
have  the  right  of  becoming  permanent  residents,  of  carrying  on  busi- 
ness, of  filling  public  offices,  of  acquiring  real  estate,  of  obtaining 
citizenship  and  of  enjoying  all  other  civil  rights  under  the  same  con- 
ditions as  those  born  in  the  State,  and  shall  also  have  the  same  treat- 
ment as  regards  judicial  remedies  and  the  protection  of  the  laws. 

No  German  shall  be  limited  in  the  exercise  of  these  rights  by  the 
authorities  of  his  native  State  or  by  the  authorities  of  any  other 
State  of  the  Confederation. 

The  regulations  governing  the  care  of  paupers  and  their  admission 
into  the  various  local  unions  shall  not.  however,  be  affected  by  the 
principle  enunciated  in  the  first  paragraph. 

In  like  manner,  until  further  action,  those  treaties  shall  remain  in 
force  which  have  been  concluded  between  the  several  States  of  the 
Confederation  in  relation  to  the  taking  over  of  persons  liable  to  be 
ideported,  the  care  of  sick  and  the  burial  of  deceased  citizens. 

With  respect  to  the  performance  of  military  service  in  the  several 
States,  the  necessary  laws  will  be  passed  by  the  Empire. 

1  The  Duchy  of  Lauenburg  was  joined  to  the  crown  of  Prussia  13  September  1865,  and 
Incorporated  in  the  Kingdom  c^  Prussia  by  the  Law  of  23  June  1876.  Alsace-Lorraine 
wras  joined  to  the  Empire  liy  the  Law  of  9  June  1871  and  incorporated  in  the  federal  terri 
ory  by  the  Law  of  25  June  1873,  Article  2.  The  Law  of  9  June  1871  invested  the  Em 
>eror  with  the  exercise  of  the  right  of  sovereignty  over  Alsace-Lorraine.  The  island  ol 
Helgoland  was  incorporated  in  the  federal  territory  by  the  Law  of  15  December  1890 
^.rticle  2. 

*The  Law  of  2  May  1877  governs  the  exercise  of  the  legislative  power  In  Alsac*^ 
-orraiue. 


2£0  CONSTITUTIONS   OF  THE   STATES  AT   WAR. 

As  against  foreign  countries  all  Germans  shall  have  an  equal  claim 
upon  the  protection  of  the  Empire. 

Art.  4.  The  following  matters  shall  be  under  the  supervision  of 
the  Empire  and  subject  to  imperial  legislation : 

1.  Regulations  concerning  the  freedom  of  migration/  matters 
of  domicile  and  settlement/  citizenship,  passports,^  surveillance  of 
foreigners,  exercise  of  a  profession,'^  including  insurance,^  so  far  as 
these  matters  are  not  already  provided  for  by  Article  3  of  this  Con- 
stitution ;  in  Bavaria,  however,  exclusive  of  matters  relating  to  domi- 
cile and  settlement,  and  likewise  matters  relating  to  colonization  and 
emigration  to  foreign  countries.^ 

2.  Legislation  concerning  customs  duties,  commerce,  and  such 
taxes  as  are  to  be  applied  to  the  uses  of  the  Empire.' 

3.  Regulation  of  the  system  of  measures,  coinage  and  weights,^ 
and  the  establishment  of  the  principles  for  the  issue  of  funded  and 
unfunded  paper  money. 

4.  General  banking  regulations.^ 

5.  Patents  for  inventions. ^^ 

6.  The  protection  of  the  ownership  of  intellectual  Avorks.^^ 

7.  The  organization  of  a  general  system  of  jDrotection  for  Ger- 
man trade  in  foreign  countries,  of  German  navigation  and  of  the 
German  flag  on  the  high  seas,  and  the  establishment  of  a  common 
consular  representation,  which  shall  be  maintained  by  the  Empire. 

8.  Railway  matters,  subject  in  Bavaria  to  the  provisions  of 
Article  46,  and  the  construction  of  highways  and  waterways  in  the 
interests  of  national  defense  and  of  commerce  in  general. 

9.  Rafting  and  navigation  upon  waterways  common  to  several 
States,  the  condition  of  such  waterways,  taxes  collectable  upon  rivers 
and  other  waterways,  and  also  the  signals  of  maritime  navigation 
(beacons,  buoys,  lights  and  other  signals)  .^^ 

10.  Postal  and  telegraph  affairs;  in  Bavaria  and  AViirttemberg, 
however,  only  in  accordance  with  the  provisions  of  Article  52. 

^  Law  of  1  November  1867  on  freedom  of  migration. 

2  Law  of  1  June  1870  on  the  acquisition  and  loss  of  federal  nationality  and  State 
nationality. 

3  Law  of  12  October  1867  on  passports. 

*  Law  of  21  .Turn'  1861)  on  industiy,   amended  by  numerous  subsequent  laws. 

s  Law  of  15  June  1883  on  workmen's  health  insurance  (amended  in  1892,  1900  and 
1903)  ;  Law  of  30  June  1900  on  workmen's  accident  insurance  :  Law  of  22  June  1880  on 
workmen's  old  age  and  disability  insurance   (completed  by  the  Law  of  13  July  1899). 

^  Law  of  9  June  1897  on  emigration. 

^  See  below.  Articles  35  and  70. 

*  Law  of  4  December  1871  and  Coinage  Law  of  9  July  1873  ;  Ordinance  of  17  August 
1868  on  weights  and  measures   (amended  in  1873,  1884,  189*3  and  1900). 

»Law  of  7  June  1899. 

1"  Law  of  25  May  1877  on  patents  (amended  by  the  Law  of  7  April  1891)  ;  Law  of  30 
November  1874  on  the  protection  of  tiade-marks. 
"  Law  of  11  June  1870  on  authors'  rights. 
12  •'  And  also  .   .  .  signals."     Added  by  the  Law  of  3  March  1873. 


GERM  at;:  Y.  221 

11.  Regulations  concerning  tlie  reciprocal  execution  of  judicial 
sentences  in  civil  cases  and  the  execution  of  requisitions  in  general.* 

12.  Regulations  concerning  authentication  of  public  documents.^ 

13.  General  legislation  as  to  the  whole  domain  of  civil   law,=* 
criminal  law  *  and  judicial  procedure.^' 

14.  The  imperial  military  and  naval  affairs. 

15.  Police  regulation  of  medical  and  veterinary  matters. 

16.  Regulations  concerning  the  press  and  the  right  of  associa- 
tion." 

Art.  5.  The  legislative  power  of  the  Empire  shall  be  exercised  by 
the  Bundesrat  and  the  Reichstag.  A  majority  of  the  votes  of  both 
bodies  shall  be  necessary  and  sufficient  for  the  passage  of  a  law. 

With  respect  to  laws  concerning  the  army,  navy  and  the  taxes 
specified  in  Article  35,  the  vote  of  the  p rmsidium'^  shall  decide  in 
case  of  a  difference  of  opinion  in  the  Bundesrat,  if  such  vote  be  in 
favor  of  the  maintenance  of  existing  arrangements. 

III. — The  Bundesrat. 

Art.  6.  The  Bundesrat  shall  consist  of  representatives  of  the  mem- 
bers of  the  Confederation,  among  which  the  votes  shall  be  divided 
in  such  manner  that  Prussia  with  the  former  votes  of  Hanover. 
Electoral  Hesse,  Holstein,  Nassau  and  Frankfort  shall  have  17 
votes;  Bavaria,  6;  Saxony,  4;  Wiirttemberg,  4;  Baden,  3t  Hesse,  3; 
Mecklenburg-Schwerin,  2;  Saxe-Weimar,  1;  MecklenbuiW-Strelitz, 
1 ;  Oldenburg,  1 ;  Brunswick,  2 ;  Saxe-Meiningen,  1 ;  Saxe-Altenburg, 
1;  Saxe-Coburg-Gotha,  1;  Anhalt,  1;  Schwarzburg-Rudolstadt,  1; 
Schwarzburg-Sondershausen,  1 ;  Waldeck,  1 ;  Reuss,  elder  line,  1 ; 
Reuss,  younger  line,  1 ;  Schaumburg-Lippe,  1 ;  Lippe,  1 ;  Liibeck,  1 ; 
Bremen,  1;  Hamburg,  1;  total,  58  votes. 

Each  member  of  the  Confederation  may  appoint  as  many  delegates 
to  the  Bundesrat  as  it  has  votes,  but  the  votes  of  each  State  shall  be 
cast  only  as  a  unit. 

Art.  (V/.*  Alsace-Lorraine  shall  cast  3  votes  in  the  Bundesrat  so 
long  as  the  provisions  of  Article  2,  Section  1,  and  Section  2,  Para- 
graphs 1  and  3,  of  the  Law  of  31  May  1911  concerning  the  Consti- 
tution of  Alsace-Lorraine,  remain  in  force^ 

1  Law  of  21  .Tunc  1869  on  the  reciprocal  assistance  of  federal  courts. 

^  Law  of  1  May  1878  on  the  crcdihility  duo  to  authentic  acts. 

3  As  amended  by  the  Law  of  20  December  1873,  The  original  text  read :  "  General 
legislation  concerning  the  law  of  obligations,  criminal  law,  the  law  of  commerce  and 
exchange,   and  judicial   procedure."      The  Civil   Code   was  promulgated   16   August   1896. 

*  Penal  Code  of  15  May  1871,  amended  by  numerous  subsequent  laws, 

^  Code  of  Civil  Procedure  of  30  January  1877 ;  Code  of  Penal  Procedure  of  1  February 
1877. 

°  Law  of  7  May  1874  on  the  press  ;  Law  of  19  April  1908  on  association. 

^  I,  e.,  of  Prussia   (see  below,  p.  223). 

8  Article  (5«  was  inserted  by  the  Law  of  ol  May  IJMl  (cf.  STOi:KK-R.\iCHitAri'T,  op.  cit., 
pp.  10-11). 


222  CONSTITUTION'S   OF   THE   STATES  AT  WAR. 

The  votes  of  Alsace-Lorraine  shall  not  be  counted  if  the  addition 
of  these  votes  alone  would  give  the  majority  to  the  presidential  vote 
or  would  give  it  the  deciding  vote  in  the  sense  of  Article  7,  Para- 
graph 3,  Sentence  3.  The  same  shall  hold  good  for  the  decisions 
upon  amendments  to  the  Constitution. 

Alsace-Lorraine  shall  be  understood  to  be  a  State  of  the  Con- 
federation in  the  sense  of  Article  6,  Section  2,  and  of  Articles  7  and  8. 

Art.  7.  The  Bundesrat  shall  take  action : 

1.  Upon  the  measures  to  be  proposed  to  the  Reichstag  and  the 
resolutions  passed  by  the  same. 

2.  Upon  the  general  administrative  provisions  and  arrangements 
necessary  for  the  execution  of  the  imperial  laws,  so  far  as  not  other- 
wise provided  for  by  imperial  law. 

3.  Upon  the  defects  which  may  be  discovered  in  the  execution  of 
the  imperial  laws  or  of  the  provisions  and  arrangements  heretofore 
mentioned. 

Each  member  of  the  Confederation  shall  have  the  right  to  make 
propositions  and  introduce  motions,  and  it  shall  be  the  duty  of  the 
prsesidium  to  submit  them  for  deliberation. 

Decision  shall  be  reached  by  simple  majority,  with  the  exceptions 
provided  for  by  Articles  5,  37  and  78.  Votes  not  represented  or  not 
instructed  shall  not  be  counted.  In  the  case  of  a  tie,  the  vote  of 
the  prsesidium  shall  decide. 

In  decisions  upon  a  subject  which,  according  to  the  provisions  of 
this  Constitution,  does  not  concern  the  whole  Empire,  only  the  votes 
of  those  States  of  the  Confederation  interested  in  the  matter  in 
question  shall  be  counted. 

Art.  8.  The  Bundesrat  shall  appoint  from  its  own  members  per- 
manent committees: 

1.  On  the  army  and  the  fortifications. 

2.  On  marine  affairs. 

3.  On  customs  duties  and  taxes. 

4.  On  commerce  and  trade. 

5.  On  railroads,  posts  and  telegraphs. 

6.  On  judicial  affairs. 

7.  On  accounts.^ 

In  each  of  these  committees  there  shall  be  representatives  of  at 
least  four  States  of  the  Confederation,  besides  the  praesidium,  and 
each  State  shall  be  entitled  to  only  one  vote  therein.  In  the  Com- 
mittee on  the  Army  and  Fortifications  Bavaria  shall  have  a  perma- 
nent seat;  the  remaining  members  of  this  Committee,  as  w^ell  as  the 
members  of  the  Committee  on  Marine  Affairs,  shall  be  appointed  by 

1  Five  other  permanent  committees  derive  their  personnel  from  the  membership  of 
the   Bundesrat : 

8.  On  foreign  affairs.  11.  On  the  order  of  business.  : 

9.  On  Alsace-Lorraine.  12.  On  railway  freight  tariffs. 
10.  On  the  Constitution. 


CILRMAXY.  223 

the  Emperor;  the  members  of  the  other  committees  shall  be  elected 
by  tlie  Bundesrat.  These  committees  shall  be  newly  formed  at  each 
session  of  the  Bundesrat,  i.  e.,  each  year,  and  the  retiring  members 
shall  be  eligible  for  reelection. 

A  Committee  on  Foreign  Affairs,  over  which  Bavaria  shall  preside, 

hall  also  be  appointed  in  the  Bundesrat;  it  shall  be  composed  of 

the   plenipotentiaries   of   the  Kingdoms  of   Bavaria,    Saxony    and 

Wiirttemburg  and  of  two  plenipotentiaries  of  the  other  States  of  the 

Empire,  who  shall  be  elected  annually  by  the  Bundesrat. 

The  employees  necessary  for  the  conduct  of  their  work  shall  be 
placed  at  the  disposal  of  the  committees. 

Art.  9.  Each  member  of  the  Bundesrat  shall  have  the  right  to 
appear  in  the  Reichstag,  and  must  be  heard  there  at  any  time  he 
shall  so  request,  in  order  to  represent  the  views  of  his  government, 
even  when  such  views  shall  not  have  been  adopted  by  the  majority 
of  the  Bundesrat.  No  one  shall  at  the  same  time  be  a  member  of 
the  Bundesrat  and  of  the  Reichstag. 

Akt.  10.  The  Emperor  shall  afford  the  customary  diplomatic  pro- 
tection to  the  members  of  the  Bundesrat. 

IV. — The  Presidency. 

Art.  11.  The  presidency  {presidium)  of  the  Confederation  shall 
belong  to  the  King  of  Prussia,  who  shall  bear  the  title  of  German  Em- 
peror. It  shall  be  the  duty  of  the  Elmperor  to  represent  the  Empire 
among  nations,  to  declare  war  and  to  conclude  peace  in  the  name 
of  the  Empire,  to  enter  into  alliances  and  other  treaties  with  foreign 
countries,  to  accredit  and  receive  ambassadors. 

For  a  ^claratioh  of  war  in  the  name  of  the  Empire,  the  consent 
of  the  Bundesrat  is  required,  unless  an  attack  is  made  upon  the  fed- 
eral territory  or  its  coasts. 

So  far  as  treaties  with  foreign  countries  relate  to  matters  which, 
according  to  Article  4,  are  to  be  regulated  by  imperial  legislation,  the 
consent  of  the  Bundesrat  shall  be  required  for  their  conclusion,  and 
the  approval  of  the  Reichstag  shall  be  necessary  to  render  them  valid. 

Art.  12.  The  Emperor  shall  have  the  right  to  convene,  open,  ad- 
journ and  close  the  Bundesrat  and  the  Reichstag. 

Art.  13.  The  Bundesrat  and  the  Reichstag  shall  be  convened  an- 
nually, and  the  Bundesrat  may  be  called  together  for  the  preparation 
of  business  without  the  Reichstag:  tlie  latter,  however,  shall  not  be 
convened  without  the  Bundesrat. 

Art.  14.  The  Bundesrat  shall  be  convened  whenever  a  meeting  is 
demanded  by  one  third  of  the  total  number  of  votes. 

Art.  15.  The  Imperial  Chancellor,  to  l)e  appointed  by  the  Em- 
peror, shall  preside  in  the  Bundesrat  and  supervise  the  conduct  of  its 
business. 


224  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

The  Imperial  Chancellor  shall  have  the  right  to  delegate  the  power 
to  represent  him  to  any  other  member  of  the  Bundesrat ;  this  delega- 
tion shall  be  made  in  writing.^ 

Art.  16.  The  necessary  bills  shall  be  laid  before  the  Reichstag  in 
the  name  of  the  Emperor,  in  accordance  with  the  resolutions  of  the 
Bundesrat,  and  shall  be  advocated  in  the  Reichstag  by  members  of 
the  Bundesrat  or  by  special  commissioners  appointed  by  the  latter. 

Art.  17.  It  shall  be  the  duty  of  the  Emperor  to  prepare  and  pub- 
lish the  laws  of  the  Empire  and  to  supervise  their  execution.  The 
decrees  and  ordinances  of  the  Emperor  shall  be  issued  in  the  name  of 
the  Empire  and  shall  require  for  their  validity  the  countersignature 
of  the  Imperial  Chancellor,  who  thereby  assumes  the  responsibility 
for  them.  2 

Art.  18.  The  Emperor  shall  appoint  Imperial  officials,  cause  them 
to  take  the  oath  to  the  Empire  and  dismiss  them  when  necessary. 

Officials  of  any  one  of  the  States  of  the  Confederation,  who  shall 
be  appointed  to  any  Imperial  office,  shall  enjoy,  wdth  reference  to  the 
Empire,  the  same  rights  as  those  to  w^hich  they  are  entitled  in  their 
native  State  by  virtue  of  their  official  position,  provided  that  no  other 
legislative  provision  shall  have  been  made  previous  to  their  entrance 
into  the  service  of  the  Empire.^ 

Art.  19.  If  the  States  of  the  Confederation  do  not  fulfill  their  con- 
stitutional duties,  they  may  be  compelled  to  do  so  by  execution.  This 
execution  shall  be  decided  upon  by  the  Bundesrat  and  carried  out  by 
the  Emperor. 

V. — The  Reichstag. 


i 


Art.  20.  The  Reichstag  shall  be  elected  by  universal  and  dire- 
suffrage  on  secret  ballot. 

Until  regulation  by  law,  the  power  to  make  such  regulation  bein 
reserved  by  Section  5  of  the  Electoral  Law  of  31  May  1869  {Bu)ule.s- 
gesetzhlatt,  1869,  page  145),  48  deputies  shall  be  elected  in  Bavaria, 
17  in  Wiirttemberg,  14  in  Baden,  6  in  Hesse  south  of  the  River  Mair 
and  the  total  number  shall  consequently  be  382. "^ 


1  The  Law  of  17  March  1878  authorized  the  Imperial  Chancellor  to  delegate  vario 
functions  of  imperial  administration. 

2  By  the  Law  of  17  March  1878,  the  countersignature  may  be  made  by  an  authoriz 
representative  of   the   Imperial   Chancellor. 

3  Law  of  31  March  1873  on  the  rights  and  duties  of  imperial  oflBcials  (amended  in 
1886,  1887,  1898,  1908  and  190.').  Thero  aro  nine  departments  :  Foreign  Affairs,  Interior, 
Marine,   Posts,   Treasury,   Railroads,   Imperial   Railroads,  Banks,   Justice. 

*  Including,  that  is  to  say,  those  deputies  returned  by  the  States  of  the  North  German 
Confederation.  By  the  Law  of  25  June  1873,  15  additional  members  are  elected  from 
Alsace-Lorraine,  making  the  total  number  397,  the  remaining  297  being  distributed  as 
follows  : 

I'russia,  285  :  Saxony,  28  ;  Mecklenburg-Schwerin,  6  ;  Hesse,  Saxe- Weimar,  Oldenburg, 
Brunswick,  and  Hamburg,  3  each ;  Saxe-Meiningen.  Saxe-Coburg-Gotha,  and  Anhalt,  2 
each  ;  the  rest,  1  each. 

With  certain  minor  exceptions  every  male  German  of  the  age  of  25  years  may  vote 
for  members  of  and  may  be  elected  to  the  Reichstag. 


GERMANY.  225 

Art.  21.  No  leave  of  absence  shall  be  required  for  public  officials 
to  enter  the  Reichstag. 

When  a  member  of  the  Reichstag  accepts  a  salaried  office  of  the 
Empire,  or  a  salaried  office  in  one  of  the  States  of  the  Confederation, 
or  accepts  any  office  of  the  Empire  or  of  a  State  involving  higher 
rank  or  salary,  he  shall  forfeit  his  seat  and  vote  in  the  Reichstag  and 
may  recover  his  place  in  the  same  only  by  a  new  election. 

Art.  22.  The  proceedings  of  the  Reichstag  shall  be  public. 

No  one  shall  be  held  responsible  for  truthful  reports  of  the  pro- 
ceedings of  the  public  sessions  of  the  Reichstag. 

Art.  23.  The  Reichstag  shall  have  the  right  to  propose  laws  with- 
in the  competence  of  the  Empire  and  to  refer  petitions  addressed 
to  it  to  the  Bundesrat  or  the  Chancellor  of  the  Empire. 

Art.  24.  The  term  of  the  Reichstag  shall  be  five  years.^  To  dis- 
solve the  Reichstag  during  that  time,  a  resolution  of  the  Bundesrat, 
with  the  consent  of  the  Emperor,  is  required. 

Art.  25.  In  case  of  the  dissolution  of  the  Reichstag,  new  elections 
shall  take  place  within  a  period  of  60  days,  and  the  Reichstag  shall 
be  called  together  within  a  period  of  90  days  after  its  dissolution. 

Art.  26.  Without  the  consent  of  the  Reichstag,  an  adjournment 
of  that  body  shall  not  exceed  the  period  of  80  days  and  shall  not 
be  repeated  during  the  same  session. 

Art.  27.  The  Reichstag  shall  examine  into  the  legality  of  the  elec- 
tion of  its  members  and  decide  thereon.  It  shall  regulate  its  own 
procedure  and  its  own  discipline,  through  its  order  of  business,  and 
elect  its  Resident,  vice-presidents  and  secretaries. 

Art.  28.  The  Reichstag  shall  take  action  by  absolute  majority. 
To  render  any  action  valid,  the  presence  of  a  majority  of  the  statu- 
tory number  of  members  is  required.^ 

Art.  29.  The  members  of  the  Reichstag  are  the  representatives  of 
the  people  as  a  whole  and  shall  not  be  bound  by  orders  or  instruc- 
tions. 

Art.  30.  No  member  of  the  Reichstag  shall  at  any  time  suffer  legal 
or  disciplinary  prosecution  on  account  of  his  vote  or  on  account  of 
utterances  made  while  in  the  performance  of  his  functions,  or  be  held 
responsible  in  any  other  way  outside  of  the  Reichstag. 

Art.  31.  Without  the  consent  of  the  Reichstag,  no  one  of  its  mem- 
bers shall  be  tried  or  arrested  during  the  session  for  any  penal  offense, 

1  As  araendpd  by  the  Law  of  10  March  1888.     Originally  the  term  was  three  years. 

2  The  second  paragraph  of  this  artich^  was  repealed  by  the  Law  of  24  February  1873. 
It  read  as  follows:  "  In  decisions  of  a  matter  which,  according  to  this  Constitution,  does 
not  concern  the  entire  Empire,  only  such  members  shall  vote  as  are  elected  from  States 
whose  interests  are  affected  by  the  proposition."  Cf.  the  last  paragraph  of  Article  7, 
p.  222,  above. 


226  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

unless  he  be  taken  in  the  commission  of  the  offense,  or  during  the 
course  of  the  following  day. 
Like  consent  shall  be  required  in  the  case  of  arrest  for  debt.^ 
At  the  request  of  the  Reichstag  all  criminal  proceedings  instituted 
against  one  of  its  members  and  all  detentions  for  judicial  inquiry 
or  in  civil  cases  shall  be  suspended  during  its  session. 

Art.  32.  The  members  of  the  Reichstag  as  such  shall  receive  no 
salary.  They  shall  receive  an  indemnity  in  accordance  with  the  pro- 
visions of  law.2 

VI. — Customs  and  Commerce. 

Art.  33.  Germany  shall  form  one  customs  and  commercial  terri- 
tory, having  a  common  frontier  for  the  collection  of  duties.  Such 
parts  of  the  territory  as  can  not,  by  reason  of  their  situation,  be  suit- 
ably embraced  within  the  customs  frontier,  shall  be  excluded. 

All  articles  which  are  the  subject  of  free  traffic  in  one  State  of  the 
Confederation  may  be  brought  into  any  other  State,  and  in  the  latter 
shall  be  subject  only  to  such  internal  taxes  as  are  imposed  upon 
similar  domestic  productions. 

Art.  34.  The  Hanse  cities,  Bremen  and  Hamburg,  together  with 
a  part  of  their  own  or  of  the  surrounding  territory  suitable  for  such 
purpose,  shall  remain  free  ports  outside  of  the  common  customs 
frontier,  until  they  request  admission  within  such  frontier. 

Art.  35.  The  Empire  shall  have  the  exclusive  poAver  to  legislate 
concerning  everything  relating  to  the  customs,  concerning  the  taxa- 
tion of  salt  and  tobacco  produced  in  the  federal  territory,  of  domestic 
brandy  and  beer  and  of  sugar  and  sirup  prepared  from  beets  or  other 
domestic  products,  concerning  the  mutual  protection  against  fraud 
with  reference  to  all  taxes  upon  articles  of  consumption  levied  in  the' 
several  States  of  the  Confederation,  as  well  as  concerning  the  meas- 
ures which  may  be  required  in  the  territory,  outside  the  customs 
boundaries,  for  the  security  of  the  common  customs  frontier. 

In  Bavaria,  Wiirttemberg  and  Baden,  the  matter  of  taxing  domes- 
tic brandy  and  beer  shall  remain  reserved  to  the  legislation  of  the 
States.  The  States  of  the  Confederation  shall,  however,  endeavor  to 
bring  about  uniform  legislation  regarding  the  taxation  of  these 
articles  also. 

Art.  36.  The  administration  and  collection  of  customs  duties  and 
of  the  taxes  on  articles  of  consumption  (Article  35)  shall  be  left  to 

^  Law  of  29  May  1868  on  the  abolition  of  imprisonment  for  debt. 

2  As  amended  by  the  Law  of  21  May  1906.  Article  32,  as  originally  worded,  forbade 
any  salary  or  indemnity  to  members  of  the  Reichstag.  A  law  of  21  May  1906  provides 
that  members  of  the  Reichstag  shall  receive:  (1)  Free  transportation  on  the  German 
railways  during  the  sessions  of  the  Reichstag  and  for  8  days  before  the  beginning  of  and 
8  days  after  the  close  of  each  session  ;  and   (2)   a  yearly  indemnity  of  3,000  marks. 


GERMANY.  227 

each  State  of  the  Confederation  within  its  own  territory,  so  far  as 
these  functions  have  heretofore  been  exercised  by  each  State. 

The  Emperor  shall  superintend  the  observance  of  legal  methods 
by  means  of  imperial  officers  whom  he  shall  appoint,  after  consulting 
the  Committee  of  the  Bundesrat  on  Customs  Duties  and  Taxes,  to  act 
in  cooperation  with  the  customs  or  tax  officials  and  with  the  directive 
boards  of  the  several  States. 

Reports  made  by  these  officers  concerning  defects  in  the  adminis- 
tration of  the  joint  legislation  (Article  35)  shall  be  submitted  to  the 
Bundesrat  for  action. 

Art.  37.  In  taking  action  upon  the  rules  and  regulations  for  the 
execution  of  the  joint  legislation  (Article  35),  the  vote  of  the  praesi- 
dium  shall  decide  when  it  is  cast  in  favor  of  maintaining  the  existing 
rule  or  regulation. 

Art.  38.  The  revenues  from  customs  and  from  the  other  taxes 
designated  in  Article  35,  so  far  as  the  latter  are  subject  to  imperial 
legislation,  shall  go  to  the  treasury  of  the  Empire. 

Such  revenues  shall  consist  of  the  total  receipts  from  the  customs 
and  the  other  taxes,  after  deducting  therefrom : 

1.  Tax  rebates  and  reductions  in  conformity  with  existing  laws 
or  general  administrative  regulations. 

2.  Reimbursements  for  taxes  improperly  collected. 

3.  The  costs  of  collection  and  of  administration,  viz : 

a.  !§.  case  of  the  customs,  the  costs  which  are  required  for 
the  protection  and  collection  of  customs  on  the  frontiers  and  in  the 
frontier  districts. 

h.  For  the  salt  tax,  the  costs  which  are  incurred  for  the  salaries 
of  the  officers  charged  with  the  collection  and  control  of  this  tax  at 
the  salt  works. 

c.  For  the  taxes  on  beet  sugar  and  on  tobacco,  the  compensa- 
tion which  is  to  be  allowed,  according  to  the  existing  rules  of  the 
Bundesrat,  to  the  several  State  governments  for  the  cost  of  adminis- 
tering these  taxes. 

(].  Fifteen  per  cent  of  the  total  receipts  from  other  taxes. 
The  territories  situated  outside  of  the  common  customs  frontier 
shall  contribute  to  the  expenses  of  the  Empire  by  payment' of  a  pro- 
portional sum  (at^ersuTn). 

Bavaria,  Wlirttemberg  and  Baden  shall  not  share  in  the  revenues 
which  go  into  the  treasury  of  the  Empire  from  duties  on  brandy 
and  beer,  nor  in  the  portion  of  the  aforesaid  proportional  sum  cor- 
responding to  these  revenues. 

The  provision  of  Article  38,  Paragraph  2,  Number  3  d,  of  the 
Imperial  Constitution  is  repealed,  in  so  far  as  it  relates  to  the  tax  on 
breweries.     The  compensation  to  be  allowed  to  the  States  for  the 


I 


I 


228  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

expense  of  collecting  and  administering  the  tax  on  breweries  shall 
be  fixed  by  the  Bimdesrat.^ 

Art.  39.  The  quarterly  extracts,  made  at  the  end  of  each  quarter 
by  the  revenue  boards  of  the  States  of  the  Confederation,  and  the 
final  statements,  made  at  the  end  of  the  year  after  the  closing  of  the 
accounts,  of  the  receipts  which  have  become  due  in  the  course  of  the  ■ 
quarter,  or  during  the  fiscal  year,  from  customs  and  from  taxes  on 
consumption  which,  according  to  Article  38,  belong  to  the  treasury 
of  the  Empire,  shall,  after  a  preliminary  audit,  be  assembled  in 
general  summaries  by  the  directive  boards  of  the  various  States. 
Each  tax  shall  be  separately  entered,  and  these  summaries  shall  be 
transmitted  to  the  Committee  of  Accounts  of  the  Bundesrat. 

The  latter,  upon  the  basis  of  these  summaries,  shall  fix  provision- 
ally every  three  months  the  amounts  due  to  the  imperial  treasury 
from  the  treasury  of  each  State,  and  it  shall  inform  the  Bundesrat 
and  the  States  of  the  amounts  so  fixed ;  furthermore,  it  shall  submit 
to  the  Bundesrat  annually  the  final  statement  of  these  amounts  with 
its  remarks.  The  Bundesrat  shall  take  action  upon  the  determination 
of  such  amounts. 

Art.  40.  The  terms  of  the  Customs  Union  Treaty  of  8  July  1867, 
shall  remain  in  force,  so  far  as  they  have  not  been  altered  by  the 
provisions  of  this  Constitution  and  so  long  as  they  are  not  altered 
in  the  manner  designated  in  Articles  7  or  78. 

VII. — Railways. 

Art.  41.  Railways,  which  are  considered  necessary  for  the  defense 
of  Germany  or  in  the  interest  of  general  commerce,  may,  by  force 
of  imperial  law,  be  constructed  at  the  expense  of  the  Empire,  even 
against  the  opposition  of  the  members  of  the  Union  through  whose 
territory  the  railroads  run,  without  prejudice,  however,  to  the  sov- 
ereign rights  of  the  States;  or  private  persons  may  be  granted  the 
right  to  construct  railways  and  receive  the  right  of  eminent  domain. 

Every  existing  railway  is  bound  to  permit  new  railroad  lines  to  be 
connected  with  it,  at  the  expense  of  the  said  new  lines. 

All  laws  which  grant  existing  railway  undertakings  the  right  to 
prevent  the  building  of  parallel  or  competitive  lines  are  hereby  re- 
pealed throughout  the  Empire,  without  prejudice  to  rights  already 
acquired.  Such  rights  of  prevention  shall  not  be  granted  in  future 
concessions. 

Art.  42.  The  governments  of  the  States  of  the  Confederation  bind 
themselves,  in  the  interest  of  general  commerce,  to  manage  the 
German  railways  as  one  system,  and  for  this  purpose  to  have  all  new 
lines  constructed  and  equipped  according  to  a  uniform  plan. 


1  This  last  paraj^Taph  was  added  by  the  Law  of  3  June  1906. 

2  Law  of  27  May  1885  modifying  the  Customs  Union  Treaty  of  8  July  1867. 


1 


GERMANY.  2'2\) 

Art.  43.  Accordingly,  as  soon  as  possible,  uniform  arrangements 
as  to  operation  shall  be  made,  and  especially  shall  uniform  regula- 
tions be  adopted  for  the  police  of  railways.^  The  Empire  shall  take 
care  that  the  various  railway  administrations  keep  the  roads  at  all 
times  in  such  condition  as  is  necessary  for  public  security  and  furnish 
them  with  such  equipment  as  the  needs  of  traffic  may  require. 

Art.  44.  Kailway  administrations  are  bound  to  establish  as  many 
passenger  trains  of  suitable  speed  as  may  be  required  for  through 
traffic  and  for  the  establishment  of  harmony  between  time  tables; 
also  to  establish  such  freight  trains  as  may  be  necessary  for  the  trans- 
port of  goods  and  to  organize  a  system  of  through  forwarding  both 
in  passenger  and  freight  traffic,  permitting  rolling  stock  to  go  from 
one  road  to  another  for  the  usual  remuneration. 

Art.  45.  The  Empire  shall  have  control  of  the  tarijff  of  charges.  It 
shall  especially  exert  itself  to  the  end: 

1.  That  uniform  regulations  as  to  operation  be  introduced  as 
soon  as  possible  on  all  German  railway  lines. 

2.  That  the  tariff  be  reduced  and  made  uniform  as  far  as  pos- 
sible, and  particularly  that  in  the  long-distance  transportation  of 
coal,  coke,  wood,  ores,  stone,  salt,  pig-iron,  manure,  and  similar 
articles,  a  tariff  be  introduced  suitably  modified  in  the  interests  of 
agriculture  and  industry;  and  that  the  1-pfennig  tariff  be  introduced 
as  soon  as  practicable. 

Art.  46.  In  case  of  public  distress,  especially  in  case  of  an  extraor- 
dinary rise  in  the  price  of  provisions,  it  shall  be  the  duty  of  the  rail- 
way administrations  to  adopt  temporarily  a  low  special  tariff  suited 
to  the  circumstances,  to  be  fixed  by  the  Emperor  on  motion  of  the 
competent  committee  of  the  Bundesrat,  for  the  transport  of  grain, 
flour,  legumes  and  potatoes.  This  tariff  shall,  however,  not  be  lower 
than  the  lowest  existing  rate  for  raw  produce  on  the  said  line. 

The  foregoing  provisions,  and  those  of  Articles  42-45,  shall  not 
apply  to  Bavaria. 

The  Empire,  however,  shall  have  the  power,  with  respect  to 
Bavaria  also,  to  establish  by  means  of  legislation  uniform  standards 
for  the  construction  and  equipment  of  railways  which  may  be  of 
importance  for  the  defense  of  the  country. 

Art.  47.  The  managers  of  all  railways  shall  be  required  to  obey, 
without  hesitation,  requisitions  made  by  the  authorities  of  the  Empire 
for  the  use  of  their  roads  for  the  defense  of  Germany.  In  particular 
shall  troops  and  all  materials  of  war  be  forwarded  at  uniformly  re- 
duced rates. 

1  The  regulations,  which  are  very  numerous,  as  listed  in  A.  Akndt,  Verfassung  4e» 
deutMchen  Reichs  (3d  edition,  Berlin,  1907),  p.  263. 


230  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

VIII. — Post  and  Telegraph. 

Art.  48.  The  postal  and  telegraphic  systems  shall  be  organized 
and  managed  on  a  uniform  plan,  as  State  institutions  throughout  the 
German  Empire. 

The  legislation  of  the  Empire  in  regard  to  postal  and  telegraphic 
affairs,  provided  for  in  Article  4,  shall  not  extend  to  those  matters  the 
control  of  which  is  left  to  governmental  ordinance  or  administrative 
regulation,  according  to  the  principles  which  have  prevailed  in  the 
administration  of  post  and  telegraph  by  the  North  German  Con- 
federation. 

Art.  49.  The  receipts  from  post  and  telegraph  throughout  the 
Empire  shall  belong  to  a  common  fund.  The  expenses  shall  be  paid 
from  the  general  receipts.  The  surplus  shall  go  into  the  imperial 
treasury  (Section  XII). 

Art.  50.  The  Emperor  shall  have  the  supreme  supervision  of  the 
administration  of  post  and  telegraph.  The  officers  appointed  by  him 
f^hall  have  the  duty  and  the  right  to  see  to  it  that  uniformity  be  estab- 
lished and  maintained  in  the  organization  of  the  administration  and 
in  the  conduct  of  business,  as  well  as  in  the  qualifications  of  em- 
ployees. 

The  Emperor  shall  have  the  power  to  issue  governmental  instruc- 
tions and  general  administrative  regulations,  and  also  the  exclusive 
right  to  regulate  the  relations  with  the  postal  and  telegraphic  systems 
of  other  countries. 

It  shall  be  the  duty  of  all  officers  of  the  postal  and  telegraphic 
administration  to  obey  the  orders  of  the  Emperor.  This  obligation 
shall  be  assumed  in  the  oath  of  office. 

The  appointment  of  such  superior  officers  as  shall  be  required  for 
the  administration  of  the  post  and  telegraph  in  the  various  districts 
(such  as  directors,  counselors,  superintendents),  furthermore,  the 
appointment  of  officers  of  the  post  and  telegi'aph  acting  in  the  capac- 
ity of  organs  of  the  aforesaid  authorities  as  supervisors  or  for  other 
services  in  the  several  districts  (such  as  inspectors,  controllers), 
shall  be  made  throughout  the  Empire  by  the  Emperor,  to  whom  such 
officers  shall  take  the  oath  of  office.  The  governments  of  the  several 
States  shall  receive  timely  notice  of  the  aforementioned  appointments, 
so  far  as  they  may  relate  to  their  territories,  so  that  they  may  officially 
confirm  and  publish  them. 

Other  officers  required  in  the  administration  of  the  post  and  tele- 
graph, as  well  as  all  those  employed  for  local  and  technical  work, 
including  the  officials  in  the  local  offices,  and  so  forth,  shall  be  ap- 
pointed by  the  governments  of  the  respective  States. 

Where  there  is  no  independent  State  administration  of  post  or  tele- 
graph, the  terms  of  special  treaties  shall  control. 


I 


GERMANY.  231 

Art.  51.^ 

Art.  52.  The  provisions  of  the  foregoing  Articles  48-51  shall  not 
jipply  to  Bavaria  and  Wurttemberg.  In  their  place  the  following 
provisions  shall  be  valid  for  these  two  States  of  the  Empire : 

The  Empire  shall  have  the  exclusive  power  to  legislate  upon  the 
l)rivileges  of  the  post  and  telegraph,  upon  the  legal  relations  of  both 
institutions  to  the  public,  upon  the  franking  privilege  and  the  postal 
rates,  excepting,  however,  the  adoption  of  administrative  regulations 
and  of  rates  for  the  internal  communication  within  Bavaria  and 
Wurttemberg,  respectively;  and,  under  like  limitations,  upon  the 
fixing  of  charges  for  telegraphic  correspondence. 

In  the  same  manner,  the  Empire  shall  have  the  regulation  of  postal 
and  telegraphic  communication  with  foreign  countries,  excepting  the 
immediate  intercourse  of  Bavaria  and  Wurttemberg  with  neighbor- 
ing States  not  belonging  to  the  Empire,  the  regulation  of  which 
shall  be  subject  to  the  provisions  of  Article  49  of  the  Postal  Treaty 
of  28  Xovember  1867.^ 

Bavaria  and  Wurttemberg  shall  not  share  in  the  postal  and  tele- 
graphic receipts  coming  into  the  treasury  of  the  Empire. 

^IX. — Marine  and  Xavigation. 

Art.  53.  The  navy  of  the  Empire  shall  be  a  united  one,  under  the 
supreme  command  of  the  Emperor.  The  Emperor  is  charged  with 
its  organization  and  construction;  he  shall  appoint  the  officers  and 
employees  of  the  navy,  and  they  and  the  seamen  shall  take  an  oath 
of  obedience  to  him. 

The  harbor  of  Kiel  and  the  harbor  of  the  Jade  shall  be  imperial 
naval  ports. 

The  expense  required  for  the  establishment  and  maintenance  of 
the  navy  and  of  the  institutions  connected  therewith  shall  be  de- 
frayed from  the  treasur^^  of  the  Empire. 

All  seafaring  men  of  the  Empire,  including  machinists  and  arti- 
sans employed  in  ship-building,  are  exempt  from  service  in  the  army, 
but  are  liable  to  service  in  the  imperial  navy.^ 

Art.  54.  The  merchant  vessels  of  all  States  of  the  Confederation 
shall  form  a  united  merchant  marine. 

Article  51  governed,  for  the  first  eight  years,  a  si>ecial  method  of  computing  postal 
-^111  pluses.  At  the  expiration  of  these  eight  years,  the  total  surplus  was  to  be  turned  into 
the  imperial  treasury. 

-This  i)08tal  treaty  was  between  the  North  Gorman  Conf«'deration.  Bavaria,  Wfirttem- 
lierg  and  Baden. 

"  Paragraph  5  of  Article  53  was  repealed  by  the  Law  of  26  May  1893.  It  read  as 
follows:  "The  apportionment  of  requisitions  to  supply  the  ranks  of  the  navy  shall  be 
made  according  to  the  actual  seafaring  population,  and  the  number  furnished  in  accord- 
anc»'  herewith  by  each  State  shall  be  deducted  from  the  number  otherwise  required  for 
the  army." 


I 


I 


232  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

The  Empire  shall  determine  the  process  for  ascertaining  the  ton- 
nage of  seagoing  Aessels.  shall  regulate  the  issuance  of  bills  of  ton- 
nage and  of  ship  certificates,  and  shall'  fix  the  conditions  upon  Avhich 
a  license  to  command  a  seagoing  vessel  shall  be  granted. 

The  merchant  vessels  of  all  the  States  of  the  Confederation  shall 
be  admitted  on  equal  footing  to  the  harbors  and  all  natural  and 
artificial  watercourses  of  the  several  States  of  the  Confederation,  and 
shall  be  accorded  similar  treatment  therein.  The  fees  which  may  be 
collected  in  harbors,  from  sea  going  vessels  or  from  their  cargoes,  for 
the  use  of  marine  institutions,  shall  not  exceed  the  amount  necessary 
for  the  maintenance  and  ordinary  repair  of  these  institutions. 

On  all  natural  watercourses  taxes  may  be  levied  only  for  the  use 
of  special  institutions  which  serve  to  facilitate  commercial  inter- 
course. These  taxes,  as  well  as  the  charge  for  navigating  such  arti- 
ficial channels  as  are  the  property  of  the  State,  shall  not  exceed  the 
amount  required  for  the  maintenance  and  ordinary  repair  of  such 
mstitutions  and  establishments.  These  provisions  shall  apply  to 
rafting,  in  so  far  as  it  is  carried  on  along  navigable  watercourses. 

The  power  to  lay  other  or  higher  taxes  upon  foreign  vessels  or  their 
cargoes  than  those  which  are  paid  by  the  vessels  of  the  States  of  the 
Confederation  or  their  cargoes  shall  belong  only  to  the  Empire  and 
not  to  the  separate  States. 

Art.  55.  The  flag  of  the  naval  and  merchant  marine  is  black,  white 
and  red. 

X. — Consular  Affairs. 

Art.  56.  The  Emperor  shall  have  the  supervision  of  all  consular 
affairs  of  the  German  Empire,  and  he  shall  appoint  consuls,  after  _ 
hearing  the  Committee  of  the  Bundesrat  on  Trade  and  Commerce.       f 

No  new  State  consulates  shall  be  established  within  the  districts 
covered  by  German  consuls.  German  consuls  shall  perform  the 
functions  of  State  consuls  for  the  States  of  the  Confederation  not^ 
represented  in  their  districts.  All  the  State  consulates  now  existing 
shall  be  abolished  as  soon  as  the  organization  of  the  German  con- 
sulates shall  be  completed  in  such  a  manner  that  the  representation  of 
the  separate  interests  of  all  the  States  of  the  Confederation  shall  be 
recognized  by  the  Bundesrat  as  satisfactorily  secured  by  the  German 
consulates. 

XI. — Military  Affairs  of  the  Empire. 

Art.  57.  Every  German  is  liable  to  military  duty,^  and  in  the  dis-| 
charge  of  this  duty  no  substitute  shall  be  accepted. 

Art.  58.  The  costs  and  the  burden  of  the  entire  military  system  of 
the  Empire  shall  be  borne  equally  by  all  the  States  of  the  Confeder-i 

^  Law  of  9  November  1867  on  the  obligation  of  military  service. 


(jeiima:xy.  233 

ation  and  their  subjects,  so  that  neither  special  privileges  nor  burdens 
upon  particular  States  or  classes  are  in  principle  permissible.  Where 
an  equal  distribution  of  the  burdens  can  not  be  effected  in  natum 
without  prejudice  to  the  public  welfare,  the  equalization  shall  be 
effected  by  legislation  in  accordance  with  the  principles  of  justice. 

Art.  59.  Every  German  capable  of  bearing  arms  shall  belong  for 
seven  years  to  the  standing  army,  as  a  rule  from  the  end  of  his  20th 
to  the  beginning  of  his  28th  year;  during  the  next  five  years  he  shall 
belong  to  the  national  guard  {Landwehr)  of  first  sununons,  and  then 
to  the  national  guard  of  second  summons  until  31  March  of  the  calen- 
dar year  in  which  he  reaches  the  age  of  39  years. 

During  the  period  of  service  in  the  standing  army  the  members 
of  the  cavalry  and  of  the  mounted  field  artillery  are  required  to 
serve  the  first  three  years,  and  all  other  forces  the  first  two  years,  in 
unbroken  active  service. 

As  regards  the  emigration  of  men  belonging  to  the  reserve,  only 
those  provisions  shall  be  in  force  which  apply  to  the  emigration  of 
members  of  the#iational  guard  {Lofridwehr)} 

Art.  60.  The  effective  strength  of  the  German  army  in  time  of 
peace  shall  be  fixed,  until  31  December  1871,  at  1  per  cent  of  the 
population  of  1867,  and  shall  be  furnished  fro  rata  by  the  several 
States  of  the  Confederation.  After  the  above  date  the  effective 
strength  of  the  army  in  time  of  peace  shall  be  fixed  by  imperial 
legislation. 

Art.  61.  After  the  publication  of  this  Constitution  the  entire  Prus- 
sian system  of  military  legislation  shall  be  introduced  without  delay 
throughout  the  Empire,  both  the  statutes  themselves  an«:l  the  regu- 
lations, instructions  and  rescripts  issued  for  their  execution,  expla- 
nation or  completion ;  especially  the  Military  Penal  Code  of  3  April 
1845;  the  Law  of  Military  Penal  Procedure  of  3  April  1845;  the 
ordinance  of  20  July  1843  concerning  the  courts  of  honor;  the  regu- 
lations with  respect  to  recruiting,  time  of  service,  matters  relating  to 
quarters  and  subsistence,  to  the  quartering  of  troops,  to  compensation 
for  injury  done  to  fields,  to  mobilization  of  troops,  etc.,  in  times  of 
peace  and  war.  The  military  ordinance  relating  to  religious  ob- 
servances is,  however,  excepted. 

When  a  uniform  organization  of  the  German  army  for  war  pur- 
poses shall  have  been  established,  a  comprehensive  military  code  for 
the  Empire  shall  be  submitted  to  tlie  Reichstag  and  the  Bundesrat 
for  their  action,  in  accordance  with  the  Constitution. 

Art.  62.  For  the  purpose  of  defraying  the  expenses  of  the  whole 
German  army,  and  of  the  institutions  connected  therewith,  the  sum 
of  225  thalers  for  each  man  in  the  army  on  the  peace  footing  accord- 

*  This  article  is  given  as  amended  by  the  Laws  of  11  February  1888  and  15  Anril  1905. 
88381—19 16 


234  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

ing  to  Article  60,  shall  be  annually  placed  at  the  disposal  of  the 
Emperor  until  31  December  1871.     (See  Section  XII.) 

After  31  December  1871,  the  several  States  of  the  Confederation 
shall  pay  these  contributions  into  the  imperial  treasury.  Until  it  is 
altered  by  an  imperial  law,  the  strength  of  the  army  in  time  of  peace, 
as  temporarily  fixed  in  Article  60,  shall  be  taken  as  a  basis  for  calcu- 
Jftting  the  amounts  of  such  contributions. 

The  expenditure  of  these  su)iis  for  the  imperial  army  and  its 
establishments  shall  be  fixed  by  the  budgetary  law. 

In  determining  the  budget  of  military  expenditure,  the  organiza- 
tion of  the  imperial  army,  legally  established  in  accordance  with  this 
Constitution,  shall  be  taken  as  a  basis. 

Art.  63.  The  total  land  force  of  the  Empire  shall  form  one  army, 
which  shall  be  under  the  command  of  the  Emperor,  in  war  and  in 
pence. 

The  regiments,  etc.,  throughout  the  whole  German  army  shall  bear 
continuous  numbers.  As  to  the  uniform,  the  primary  colors  and  cut 
of  the  royal  Prussian  army  shall  be  the  standard.  It  is  left  to  com- 
manders of  the  several  contingents  to  determine  upon  external  marks 
of  distinction  (cockades,  etc.). 

It  shall  be  the  duty  and  right  of  the  Emperor  to  take  care  that 
throughout  the  German  army  all  divisions  be  kept  complete  and 
ready  to  take  the  field,  and  that  uniformity  be  established  and  main- 
tained in  regard  to  organization  and  formation,  equipment  and  com- 
mand, the  training  of  the  men  and  the  qualifications  of  the  officers. 
For  this  purpose  the  Emperor  shall  have  authority  to  satisfy  himself 
at  any  time,  by  inspection,  of  the  condition  of  the  several  contingents, 
and  to  order  the  correction  of  defects  disclose^ by  such  inspection. 

The  Emperor  shall  determine  the  strength,  composition  and  di- 
vision of  the  contingents  of  the  imperial  army,  and  also  the  organi-B 
zation  of  the  national  guard    {Landwehr)^  and  he  shall  have  the 
right  to  determine  the  garrisons  within  the  federal  territory,  as  also 
to  order  any  portion  of  the  imperial  army  held  in  readiness  for  war  J 

In  order  to  maintain  the  indispensable  unity  in  the  administration, 
care,  arming  and  equipment  of  all  divisions  of  the  (xcrman  army, 
all  orders  relating  to  these  matters  hereafter  issued  to  the  Prussian 
army  shall  be  conununicated,  for  their  proper  observance,  to  the 
commanders  of  the  other  contingents,  through  the  Committee  on  the 
Army  and  Fortifications  provided  for  by  Article  8,  No.  1. 

Art.  64.  All  German  troops  are  bound  to  render  unconditional 
obedience  to  the  commands  of  the  Emperor.  This  obligation  shall  be 
included  in  the  military  oath. 

The  commander-in-chief  of  a  contingent,  as  well  as  all  officers  com- 
manding troops  of  more  than  one  contingent,  and  all  commanders  of 
fortresses,  shall  be  appointed  by  the  Emperor.    The  officers  appointed 


GERMANY.  235 

by  the  Emperor  shall  take  the  military  oath  to  him.  The  appoint- 
ment of  generals,  and  of  officers  performing  the  duties  of  generals 
's\'ithin  a  contingent,  shall  in  every  case  be  subject  to  the  approval  of 
the  Emperor. 

In  the  transfer  of  officers,  with  or  without  promotion,  to  positions 
which  are  to  be  filled  by  him  in  the  service  of  the  Empire,  be  it  in 
the  Prussian  army  or  in  other  contingents,  the  Emperor  shall  have 
the  right  to  select  from  the  officers  of  all  the  contingents  of  the  impe- 
rial army. 

Art.  65.  The  right  to  construct  fortresses  within  the  federal  terri- 
tory shall  belong  to  the  Emperor,  who  shall  ask  in  accordance  with 
Section  XII  for  the  grant  of  the  means  required  for  that  purpose, 
unless  it  has  already  been  included  in  the  regular  appropriation. 

Art.  66.  Where  special  conventions  do  not  provide  otherwise,  the 
princes  of  the  Confederation  and  the  senates  shall  appoint  the  officers 
of  their  respectivl^contingents,  subject  to  the  restriction  of  Article  64. 
They  shall  be  the  heads  of  all  of  the  divisions  of  troops  belonging  to 
their  territories,  and  shall  enjoy  the  honors  connected  therewith. 
They  shall  have  particularly  the  right  to  hold  inspections  at  any 
time,  and  shall  receive,  besides  the  regidar  reports  and  announce- 
ments of  changes  to  be  made,  timely  information  of  all  promotions 
and  appointments  concerning  their  respective  contingents,  in  order 
to  provide  for  the  necessary  publication  of  such  information  by 
State  authority. 

They  shall  also  have  the  right,  for  police  purposes,  not  only  to 
employ  their  own  troops,  but  also  to  requisition  all  other  divisions 
of  the  imperial  army  which  may  be  stationed  in  their  respective 
territories. 

Art.  67.  Unexpended  portions  of  the  military  appropriation  shall 
under  no  circumstances  fall  to  the  share  of  a  single  government, 
but  at  all  times  to  the  imperial  treasury. 

Art.  68.  The  Emperor  shall  have  the  power,  if  public  security 
within  the  federal  territory  is  threatened,  to  declare  martial  law  in 
any  part  of  the  Empire.  Until  the  publication  of  a  law  regulating 
the  occasions,  the  form  of  announcement  and  the  effects  of  such  a 
declaration,  the  provisions  of  the  Prussian  Law  of  4  June  1851  shall 
be  in  force  {Gesetz-Sammlung ^  1851,  p.  451  ff.) 

FINAL  PROVISION  OF  SECTION  XI. 

The  provisions  contained  in  this  section  shall  be  applied  in  Ba- 
varia, in  accordance  with  the  more  detailed  provisions  of  the  Treaty 
of  Alliance  of  23  November  1870^  {Bundesgesetzhlatt^  1871,  p.  9), 
under  III,  §  5;  in  Wiirttemberg,  in  accordance  with  the  more  de- 

*  See  above,  p.  218.  note  4. 


236  CONSTITUTIONS  OF  THE  STATES  AT  WAE. 

tailed  provisions  of  the  Military  Convention  of  21-25  November 
18701  {BundesgesetzUatt,  1870,  p.  658). 

XII.  Finances  of  the  Empire. 

Art.  69.  All  receipts  and  expenditures  of  the  Empire  shall  be 
estimated  for  each  year,  and  included  in  the  imperial  budget.  The 
latter  shall  be  fixed  by  law  before  the  beginning  of  the  fiscal  year,  in 
accordance  with  the  following  principles. 

Art.  70.  For  the  defrayal  of  all  common  expenses  there  shall  serve 
first  of  all  the  joint  revenues  derived  from  customs  duties,  from  com- 
mon taxes,  from  the  railway,  postal  and  telegraphic  systems,  and 
from  the  other  branches  of  the  administration.  In  so  far  as  the  ex- 
penditures are  not  covered  by  such  receipts,  they  shall  be  met  by  con- 
tributions from  the  several  States  of  the  Confederation  in  proportion 
to  their  population,  such  contributions  to  be  fixed  by  the  Imperial 
Chancellor,  with  reference  to  the  total  amount  established  by  the 
budget.  In  so  far  as  these  contributions  are  not  used,  they  shall  be 
repaid  to  the  States  at  the  end  of  the  year,  in  proportion  as  the  other 
regular  receipts  of  the  Empire  exceed  its  needs. 

Any  surpluses  from  preceding  years  shall  be  used,  in  so  far  as  the 
imperial  budgetary  law  does  not  otherwise  provide,  for  defraying 
the  joint  extraordinary  expenses.^ 

Art.  71.  The  general  appropriations  shall,  as  a  rule,  be  granted 
for  one  year;  they  may,  however,  in  special  cases,  be  granted  for  a 
longer  period. 

During  the  period  of  transition  fixed  by  Article  60,  the  properly 
classified  budget  of  the  expenditures  of  the  army  shall  be  laid  before 
the  Bundesrat  and  the  Eeichstag  merely  for  their  information. 

Art.  72.  For  the  purpose  of  discharge  an  annual  report  of  the 
expenditure  of  all  the  revenues  of  the  Empire  shall  be  presented, 
through  the  Imperial  Chancellor,  to  the  Bundesrat  and  the  Reichstag, 
for  their  approval. 

Art.  73.  In  cases  of  extraordinary  need,  a  loan  may  be  contracted 
or  a  guaranty  assumed  as  a  charge  upon  the  Empire,  by  means  of 
imperial  legislation. 

FINAL   PROVISION    OF    SECTION    XII. 

Articles  69  and  71  shall  apply  to  expenditures  for  the  Bavarian 
army  only  according  to  the  provisions  of  the  Treaty  of  23  November 
1870,  mentioned  in  the  final  provision  of  Section  XI ;  and  Article  72 
shall  apply  only  to  the  extent  that  the  Bundesrat  and  the  Reichstag 

1  English  translation  in  the  British  and  Foreign  State  Papers,  61 :  pp.  131-135. 

2  As  amended  hy  the  Laws  of  14  May  1904  and  3  June  1906. 


GERMANY.  237 

shall  be  informed  that  the  sum  necessary  for  the  Bavarian  army  has 
been  assigned  to  Bavaria. 

XIII. — Settlement  of  Disputes  and  Penal  Provisions. 

Art.  74.  Every  attempt  against  the  existence,  the  integrity,  the 
security  or  the  Constitution  of  the  German  Empire;  finally,  any 
offense  committed  against  the  Bundesrat,  Reichstag,  a  member  of  the 
Bundesrat  or  of  the  Reichstag,  an  authority  or  a  public  officer  of  the 
Empire,  while  in  the  execution  of  their  duty  or  with  reference  to 
their  official  position,  by  word,  writing,  printing,  drawing,  pictorial 
or  other  representation,  shall  be  judged  and  punished  in  the  several 
States  of  the  Confederation  in  accordance  with  the  laws  therein  exist- 
ing or  which  ma;^hereafter  be  enacted,  by  which  provision  is  made 
for  the  trial  of  similar  offenses  against  any  one  of  the  States  of  the 
Confederation,  its  constitution,  its  legislature  or  estates,  the  members 
of  its  legislature  or  its  estates,  its  authorities  and  officers. 

Art.  75.  For  those  offenses  against  the  German  Empire,  specified 
in  Article  74,  which,  if  committed  against  one  of  the  States  of  the 
Ei^jpire,  would  be  considered  high  treason  or  treason  against  the 
State,  the  Superior  Court  of  Appeals  of  the  three  free  Hanse  cities, 
at  Liibeck,  shall  be  the  competent  deciding  tribunal  in  the  first  and 
last  instance. 

More  definite  provisions  as  to  the  competency  and  the  procedure 
of  the  Superior  Court  of  Appeals  shall  be  made  by  Imperial  legis- 
lation. Until  the  passage  of  an  Imperial  law,  the  existing  jurisdic- 
tion of  the  courts  in  the  respective  States,  and  the  provisions  relative 
to  the  procedure  of  these  courts  shall  remain  as  at  present.^ 

Art.  76.  Disputes  between  the  several  States  of  the  Confederation, 
so  far  as  they  do  not  relate  to  matters  of  private  law,  and  are  there- 
fore to  be  decided  by  the  competent  judicial  authorities,  shall  be 
adjusted  by  the  Bundesrat,  at  the  request  of  one  of  the  parties. 

In  disputes  relating  to  constitutional  matters  in  those  States  of 
the  Confederation  whose  constitution  does  not  designate  an  authority 
for  the  settlement  of  such  differences,  the  Bundesrat  shall,  at  the 
request  of  one  of  the  parties,  effect  an  amicable  adjustment,  or,  if 
this  can  not  be  done,  the  matter  shall  be  settled  by  imperial  law. 

Art.  77.  If  justice  is  denied  in  one  of  the  States  of  the  Confedera- 
tion, and  sufficient  relief  can  not  be  procured  by  legal  measures,  it 
shall  be  the  duty  of  the  Bundesrat  to  receive  substantiated  complaints 
concerning  denial  or  restriction  of  justice,  which  shall  be  proven 
according  to  the  constitution  and  the  existing  laws  of  the  respective 
States  of  the  Confederation,  and  thereupon  to  obtain  judicial  relief 

1  The  criminal  competence  of  the  Superior  Court  of  Appeals  at  Lttbeck  disappeared  with 
the  creation  of  the  Supreme  Court  of  the  Empire. 


238 


CONSTITUTIONS   OF   THE   STATES  AT  WAR. 


from  the  State  government  which  shall  have  given  occasion  to  the 
complaint. 

XIV. — General  Pkovisions. 

Art.  78.  Amendments  of  the  Constitution  shall  be  made  by  legis- 
lative enactment.  They  shall  be  considered  as  rejected  when  14 
votes  are  cast  against  them  in  the  Bundesrat. 

The  provisions  of  the  Constitution  of  the  Empire,  by  which  cer- 
tain rights  are  secured  to  particular  States  of  the  Confederation  in 
their  relation  to  the  whole,  may  be  amended  only  with  the  consent  of 
the  States  affected. 


GREAT  BRITAIN  AND  IRELAND. 

There  is  no  Constitution  in  England,  if  by  this  expression  is  meant 
a  fundamental  law  organizing  the  powers  of  the  State  and  fixing  the 
bases  of  public  law^  At  no  period  in  their  history  have  the  English 
considered  it  necessary  or  expedient  to  present  their  political  system 
under  the  form  of  a  solemn  act,  setting  forth  abstract  theories  or 
containing  the  construction  of  an  entirely  new  political  edifice. 
There  are,  it  is  true,  certain  famous  historical  documents,  each  of 
which  marks  a  step  in  the  progress  of  English  institutions.  Such 
are  notably  the  Great  Charter  of  Liberty^  the  Petition  of  Right,  the 
Bill  of  Rights  and  the  Act  of  Settlement.  But  it  must  be  noticed 
that  none  of  them  herald  the  settlement  of  anything  new;  on  the 
contrary,  it  is  repeated  with  a  peculiar  insistence  that  the  rights  and 
liberties  which  it  has  seemed  necessary  to  proclaim  anew  are  ancient 
rights  which  the  English  people  have  always  enjoyed. 

The  rules  of  the  English  Constitution  can  be  found  in  no  single 
written  document,  for  it  is  built  upon  old  laws  and  precedents. 
Therefore,  it  would  be  manifestly  impossible  to  include  all  such  laws 
in  a  work  of  this  character.  Besides  the  laws  which  are  printed 
here  in  text  or  translation,  it  will  be  sufficient  to  enumerate  certain 
Acts  of  Parliament  upon  constitutional  matters : 

The  89  articles  governing  the  Constitution  of  the  English  church 
voted  by  the  clergy  in  1562  and  converted  into  law  of  the  realm  in 
1571  [13  Elizabeth,  c.  12]. 

An  Act  for  an  Union  of  the  Two  Kingdoms  of  England  and  Scot- 
land of  16  May  1707  [6  Anne,  c.  11]. 

An  Act  for  rendrlng  the  Union  of  the  Two  Kingdoms  more 
intire  and  complete  of  1707  [6  Anne,  c.  40]. 

The  Act  for  Union  of  Great  Britain  and  Ireland  of  2  July  1800 
[39  &  40  George  III,  c.  67,  amended  by  21  &  22  Victotia,  c.  26,  and 
by  the  Statute  Law  Revision  Act  of  1871]. 

A7i  Act  for  the  Relief  of  His  Majesty's  Roman  Catholic  Sfd^hr/.s 
of  24  June  1829  [10  George  IV,  c.  7]. 

An  Act  to  amend  the  Representation  of  the  People  in  England 
and  ^yaIes  of  7  June  1832  [2  William  IV,  c.  45],  of  the  People  in 
Scotland  of  17  July  1832  [2  William  IV,  c.  65],  of  the  People  in  he- 
land  of  7  August  1832  [2  William  IV,  c.  88]. 

239 


240  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 


■ 


An  Act  further  to  aanend  the  Laws  relating  to  the  representation 
of  the  People  in  England  and  Wales  of  15  August  1867  [30  &  ^1^ 
Victoria,  c,  102].  f 

Ail  Act  to  amend  the  Law  relating  to  the  Representation  of  the 
People  of  the  United  Kingdom  of  6  December  1884  [48  Victoria, 
c.  3].  This  was  followed  by  a  series  of  laws  passed  in  1885  of 
which  the  chief  ones  are :  The  Registration  Acts  [48  &  49  Victoria, 
c.  15,  16  and  17]  and  the  Redlstrihution  of  Seats  Act  [48  &  49  Vic-^ 
toria,  c.  23].^ 


GREAT  CHAETER  OF  LIBERTIES  OF  11  FEBRUARY  1225.^ 

[Preamble.] 

Henry,  by  the  grace  of  God,  King  of  England,  Lord  of  Ireland, 
Duke  of  Normandy  and  Guyan,  and  Earl  of  Anjou,  to  the  arch- 
bishops, bishops,  abbots,  priors,  earls,  barons,  sheriffs,  reeves,  servants, 
and  all  bailiffs  and  his  faithful  subjects,  which  shall  see  this  present 
Charter,  greeting.  Know  that  by  the  suggestion  of  God,  and  for  the 
salvation  of  our  soul  and  the  souls  of  our  predecessors  and  successors, 
to  the  exaltation  of  Holy  Church  and  improvement  of  our  realm,  of 
our  own  free  good  will,  we  have  given  and  granted  to  the  archbishops, 
bishops,  abbots,  priors,  earls,  barons,  and  to  all  of  our  realm  these 
liberties  written  below,  to  be  kept  in  our  Kingdom  of  England  for 
ever. 

Article  1.  In  the  first  place  we  have  granted  to  God,  and  by  thii 
our  present  Charter  have  confirmed,  for  us  and  our  heirs  forever, 
that  the  English  Church  shall  be  free  and  shall  have  all  its  rights 
entire  and  its  liberties  uninjured.  We  have  granted  also  and  given 
to  all  free  men  of  our  realm,  for  us  and  our  heirs  forever,  these  liber- 
ties written  below,  to  be  had  and  be  holden  by  them  and  their  heir 
from  us  and  our  heirs  forever. 

Arts.  2-6.^^ 


I 


1  These  introductory  paragraphs  are  based  upon  F.   R.   Darestb  et  P.   DarestB,  L 
Constitutions  modcrnes   (3d  edition,  Paris,  1910),  vol.   i,  pp.  46—51.     Since  the  present 
work  contains  only  documents  of  a  constitutional  nature,  and  since  an  adequate  outline 
of  the  Constitution  of  Great  Britain  is  to  be  derived  from  such  a  multitude  of  sources, 
the  reader  is  therefore  referred  to  an  article  in   English  by   Louis   Hamilton   in   Pau 
PosENER,  Die  Sitaatsvcrfassungen  des  Erdhalls  (Charlottenburg,  1909),  pp.  601-C29,  to  thi 
authorities  there  cited  and  to  the  authorities  cited  in  Dareste,  op.  cit.,  pp.  70—72. 

2  Of  the  37  articles  composing  the  Great  Charter  of  Henry  III.  22  are  now  consider 
as  repealed  and  have  been  so  declared  by  the  Statutes  of  Parliament,  notably  by  th( 
Statute  Law  Revision  Act  of  1863  [26  &  27  Victoria,  c.  125.]  The  Great  Charter  h: 
been  confirmed  a  number  of  times,  but  these  confirmations  all  carry  forward  the  text  o1 
1225,  the  Charter  of  1215  containing  provisions  not  reproduced  in  subsequent  confirm 
tions.  The  translation  given  here  is  based  upon  the  Latin  text  and  English  translatio; 
of  the  Charter  of  1297  [25  Edicard  I],  confirming  the  Charter  of  Henry  III  [9  Henry  III} 
in  T7ie  Statutes:  Second  Revised  Edition,  vol.  i  (London,  1888),  pp.  44-53.  Frenc 
translation  of  this  and  the  following  documents  appears  in  Dareste^  op.  cit.,  pp.  52-70, 

3  Repealed  by  the  Statute  Law  Revision  Act  of  1863. 


GREAT  BRITAIN  AND  IRELAND.  241 

Art.  7.^ 

Akt.  8.  We,  or  our  bailiffs,  shall  not  seize  any  land  or  rent  for 
any  debt,  so  long  as  the  present  chattels  of  the  debtor  are  sufficient 
for  the  payment  of  the  debt  and  the  debtor  himself  is  ready  to  satisfy 
therefore.  Nor  shall  the  pledges  of  the  debtor  be  distrained,  so  long 
as  the  principal  debtor  himself  is  sufficient  for  the  payment  of  the 
debt :  and  if  the  principal  debtor  fail  in  the  payment  of  the  debt,  not 
having  the  wherewithal  to  pay,  or  will  not  pay  where  he  is  able,  the 
pledges  shall  answer  for  the  debt;  and  if  they  wish,  they  shall  have 
the  lands  and  rents  of  the  debtor,  until  they  shall  have  been  satisfied 

r  the  debt  which  they  before  paid  for  him,  unless  the  debtor  shall 
..A\&  shown  himself  to  be  quit  in  that  respect  towards  those  pledges. 

Art.  9.  The  city  of  London  shall  have  all  its  ancient  liberties  and 
customs.  Moreover,  we  will  and  grant  that  all  other  cities  and  bor- 
oughs and  villages  and  the  barons  of  the  Cinque  Ports,  and  all  other 
ports,  shall  have  all  their  liberties  and  free  customs. 

Art.  10.  No  man  shall  be  distrained  to  do  more  service  for  a 
Ivuight's  fee  or  for  any  other  free  tenement  than  is  due  from  it. 

Arts.  11-12.^ 

Art.  13.3 

Art.  14.  A  free  man  shall  not  be  fined  {amercietur)  for  a  small 
offence,  except  in  proportion  to  the  measure  of  the  offence;  and  for 
a  great  offence,  [he  shall  be  fined]  in  proportion  to  the  magnitude 
of  the  offence,  saving  to  him  his  freehold ;  and  a  merchant  likewise, 
saving  his  merchandise;  and  any  other's  villian  than  ours  shall  be 
likewise  fined,  saving  his  wainage,  if  he  shall  be  at  our  mercy.  And 
none  of  the  above  fines  shall  be  imposed  except  by  the  oaths  of 
honest  and  lawful  men  of  the  neighborhood.  Earls  and  barons  shall 
only  be  fined  by  their  peers,  and  only  in  proportion  to  their  offence. 
No  man  of  the  church  shall  be  fined  in  proportion  to  the  measure  of 
his  spiritual  benefice,  but  in  proportion  to  his  lay  holding  and  to 
the  measure  of  his  offence. 

Art.  15.  No  vill  or  man  shall  be  distrained  to  make  bridges 
over  the  rivers  except  those  which  of  old  time  and  of  right  ought 
to  do  it. 

Art.  1G.  No  river-banks  shall  be  defended  from  henceforth,  but 
such  as  were  in  defence  in  the  time  of  King  Henry  our  grandfather, 
by  the  same  places  and  the  same  bounds  as  they  were  wont  to  be  in 
his  time. 

^  Provisions  regarding  the  restriction  of  the  dowry  and  second  marriages  of  widows. 
^  Repealed  by  42  &  43  Victoria,  c.  59.     Article  11  concerned  common  pleas  and  circuit 
courts, 

3  Repealed  by  the  statute  Law  Revision  Act  of  1863. 


I 


242  CONSTITUTIONS   OF   THE   STATES  AT  WAE. 

Art.  17.  No  sheriff,  constable,  coroner,  or  other  bailiffs 
shall  hold  pleas  of  our  crown. 

Art.  18.1 

Arts.  19-21.2 

Art.  22.  We  will  not  hold  the  lands  of  those  convicted  of  felony 
for  more  than  a  year  and  a  day,  after  which  the  lands  shall  be  re- 
turned to  the  lords  of  the  fiefs. 

Art.  23.3 

Art.  24.2 

Art.  25.* 

Art.  26.5 

Arts.  27-28.^ 

Art.  29.  No  free  man  shall  be  taken  or  imprisoned,  or  be  dispos- 
sessed of  his  freehold  or  liberties  or  free  customs,  or  be  outlawed^ 
or  exiled,  or  in  any  other  way  destroyed ;  nor  will  Ave  go  upon  him, 
orsenduponhimexceptby  the  lawful  judgment  of  his  peers  or  by  thj 
law  of  the  land.    To  no  one  Avill  we  sell,  to  no  one  will  we  deny  oi^ 
defer  right  or  justice. 

Art.  30.  All  merchants,  if  they  were  not  openly  prohibited  before, 
shall  have  their  safe  and  sure  conduct  to  depart  out  of  England,  to^ 
come  into  England,  to  tarry  in  and  go  through  England,  as  Avell  by 
land  as  by  water,  for  buying  and  selling,  free  from  all  maletolts,  b^ifl 
the  ancient  and  rightful  customs,  except  in  time  of  war ;  and  if  they 
are  of  a  land  at  war  with  us  and  such  are  found  in  our  land  at  the 
beginning  of  the  war,  they  shall  be  attached  without  damage  to 
their  bodies  or  goods,  until  it  shall  be  known  from  us  or  our  chief 
justice  in  what  way  the  merchants  of  our  land  are  treated  who  shall 
be  then  found  in  the  country  which  is  at  war  with  us;  and  if  ours 
are  safe  there,  the  others  shall  be  safe  in  our  land. 

Arts.  31-37.« 


Reserving  to  all  archbishops,  bishops,  abbots,  priors,  templars,  hos 
pitallers,  earls,  barons,  and  all  persons,  as  well  spiritual  as  temporal,  a 
their  liberties  and  free  customs,  which  they  have  had  in  time  passed] 
And  all  those  customs  and  liberties  mentioned  above  which  we  have 
granted  to  be  holden  within  our  realm,  as  far  as  pertains  to  us,  in 
respect  to  our  men ;  all  men  of  our  realm,  as  well  clergy  as  laymen, 
shall  observe,  as  far  as  pertains  to  them,  in  respect  to  their  men. 

1  Provision  regarding  the  opening  of  succession  of  lay  tenants  of  the  King. 

2  Repealed  by  the  Statute  Laic  Revision  Act  of  1863. 
2  Provision  i-egarding  fishing  in  rivers. 

*  Provision  regarding  weights  and  measures. 

5  Repealed  by  9  George  IV,  c.  31,  s.  1. 

6  Repealed  by  the  Statute  Law  Revision  Act  of  1863.     The  provisions  concerned  feudal 
law. 


GREAT  BRITAIN   AND  IRELAND.  243 

And  for  this  our  gift  and  grant  of  these  liberties,  and  of  others 
contained  in  our  Charter  of  Liberties  of  the  Forest/  the  archbishops, 
bishops,  abbots,  priors,  earls,  barons,  knights,  freeholders,  and  all 
of  our  realm  have  given  unto  us  the  fifteenth  part  of  all  their  mov- 
ables. And  ^Ye  have  granted  unto  them  on  the  other  part,  for  us  and 
our  heirs,  that  neither  we  nor  our  heirs  shall  produce  or  do  anything 
whereby  the  liberties  contained  in  this  Charter  shall  be  infringed  or 
broken.  And  if  anything  be  procured  by  any  person  contrary  to  the 
premises,  it  shall  not  be  valid  and  shall  be  considered  null.^  ^ 

CONFIRMATION  OF  CHARTERS,  OF  10  OCTOBER  1297.^ 

Confirmation  of  the  Magna  Charta  and  of  the  Charter  of 
Forests  by  Edward  I. 

Article  1.  Edward,  by  the  grace  of  God,  King  of  England,  Lord 
of  Ireland,  and  Duke  of  Guyan,  to  all  those  that  these  present  letters 
•shall  hear  or  see,  greeting.  Know  that  we,  to  the  honor  of  God  and  of 
Holy  Church  and  to  the  profit  of  all  our  realm,  have  granted,  for  us 
and  for  our  heirs,  that  the  Great  Charter  of  Liberties  and  the  Charter 
of  the  Forest,  which  were  made  by  common  assent  of  all  the  realm 
in  the  time  of  King  Henry  our  father,  shall  be  kept  in  all  points 
without  breach.  And  we  will  that  the  same  charters  shall  be  sent 
under  our  seal,  as  well  to  our  justices  of  the  forest,  as  to  others,  and 
to  all  sheriffs  of  shires,  and  to  all  our  other  officers,  and  to  all  our 
cities  throughout  the  land,  together  with  our  writs,  in  which  it  shall 
be  contained  that  they  cause  the  foresaid  charters  to  be  published 
and  cause  to  be  declared  to  the  people  that  we  have  confirmed  them 
in  all  points ;  and  to  our  justices,  sheriffs,  mayors  and  other  ministers, 
which  under  us  and  by  us  have  the  laAvs  of  our  land  to  guide,  that 
they  shall  allow^  the  same  charters  in  all  their  points,  in  pleas  before 
them  and  in  judgments;  that  is  to  wdt,  the  Great  Charter  of  Liberties 
as  the  common  law,  and  the  Charter  of  the  Forest  according  to  the 
assize  of  the  forest,  for  the  improvement  of  our  people. 

Art.  2.  And  we  will  that,  if  any  judgment  be  given  from  henceforth 
contrary  to  the  points  of  the  charters  aforesaid  by  the  justices  or  by 
other  ministers  of  ours  that  hold  plea  before  them  against  the  points 
of  the  charters,  it  shall  be  undone  and  holden  for  nought. 

Arts.  3-4.* 

^  Carta  dr  foresta  regis  Hcnrici  III  of  12  February  1225. 

-  Here  follow  the  names  of  the  witnesses  to  the  numl>er  of  CiT% :  1  archbishop,  11 
bishops,  20  abbots,  the  chief  justice,  8  earls,  the  constable  and  23  nobles. 

^  Carta  confirmation,  regis  Edicardi  J  [25  Edward  /].  The  translation  given  here  is 
based  upon  the  French  text  and  English  translation  in  The  Statuies:  Second  Revised  Edi- 
tion, vol.  I   (London,  1888),  pp.  53-56. 

*  Repealed  by  the  Statute  Law  Reinsion  Act  of  1888  [50  &  51  Victoria,  c,  59]. 


244  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

Art.  5.  And  forasmuch  as  divers  people  of  our  realm  are  in  fear 
that  the  aids  and  tasks  which  they  have  hitherto  given  to  us  towards 
our  wars  and  other  business,  of  their  own  grant  and  their  own  goodB 
will,  howsoever  they  were  made,  might  turn  to  a  bondage  to  them  and 
to  their  heirs,  because  they  might  be  at  another  time  found  in  the 
rolls,  and  so  likewise  the  prizes  taken  throughout  the  realm  by  ou™ 
ministers  in  our  name,  we  have  granted  for  us  and  our  heirs  that  we 
shall  not  draw  such  aids,  tasks  or  prizes  Into  a  custom,  for  any  thing 
that  hath  been  done  heretofore  or  that  may  be  found  by  roll  or  in  any 
other  manner. 

Art.  6.  Moreover,  w^e  have  granted,  for  us  and  our  heirs,  as  well  to 
archbishops,  bishops,  abbots  and  priors  and  other  folk  of  Holy 
Church,  as  also  to  earls  and  barons  and  to  all  the  commonalty  of  the 
land,  that  for  no  business  from  henceforth  we  shall  take  of  our  realm 
such  manner  of  aids,  tasks  or  prizes,  except  by  the  common  assent 
of  all  the  realm  and  for  the  common  profit  thereof,  saving  the  ancient 
aids  and  prizes  due  and  accustomed. 

Art  T.  And  forasmuch  as  the  majority  of  the  commonalty  of  the 
realm  find  themselves  sore  grieved  with  the  maletolts  of  wools,  that  is 
to  wit,  a  toll  of  forty  shillings  for  every  sack  of  wool,  and  have  made 
petitions  to  us  to  release  the  same,  we  at  their  requests  have  fully  re- 
leased it  and  have  granted  that  we  will  not  take  such  thing  nor  any 
other  without  their  common  assent  and  their  good  w^ill,  saving  to  us 
and  our  heirs  the  custom  of  wools,  skins  and  leather,  granted  before 
by  the  commonalty  of  the  realm  aforesaid.  In  witness  of  which 
things  we  have  caused  these  our  letters  to  be  made  patents. 

Witness  Edward  our  son  at  London  the  tenth  day  of  October,  the 
twenty-fifth  year  of  our  reign.  fl 

And  be  it  remembered  that  this  same  Charter,  in  the  same  terms, 
word  for  word,  was  sealed  in  Flanders  under  the  King's  Great  Seal, 
that  is  to  say.  at  Ghent  the  fifth  day  of  November,  the  twenty-fifth 
year  of  the  reign  of  our  aforesaid  lord  the  King,  and  sent  into  Eng- 
land. 

STATUTUM  DE  TALLAGIO  NON  CONCEDENDO  OF  1297.^ 

Article  1.  No  tallage  or  aid  shall  be  laid  or  levied  by  us  or  our 
heirs  in  our  realm  without  the  good  will  and  assent  of  the  arch- 

iThis  document,  cited  by  Walter  of  Hemingford  under  the  name  of  ArticuU  inserti  in 
Magna  Charta,  is  not  found  in  the  authentic  collections  of  the  time.  It  is  nevertheless 
cited  as  a  statute  in  Article  1  of  the  Petition  of  Bight  (see  below,  p.  245),  and  was  so 
decided  by  the  judges  in  1637.  The  translation  given  here  is  based  upon  the  Latin  text 
and  English  translation  in  The  Statutes:  Second  Revised  Edition,  vol.  i  (London,  1888). 
pp.   56-57. 


GREAT  BRITAIN   AXD  IRELAND.  245 

bishops,  bishops  and  other  prehites,  earls,  barons,  knights,  burgesses 
and  other  freemen  of  our  realm. 

Art.  2.  No  officer  of  ours  or  of  our  heirs  shall  take  corn,  wool, 
leather  or  any  other  goods  of  any  manner  of  person  without  the  good 
Avill  and  assent  of  the  party  to  whom  the  goods  belonged. 

Art.  3.  Nothing  shall  be  taken  from  a  sack  of  wool  in  the  name  or 
by  occasion  of  maletolt. 

Art.  4.  We  will  and  grant,  for  us  and  our  heirs,  that  all  clerks 
and  laymen  of  our  realm  shall  have  all  their  laws,  liberties  and  free 
customs  as  largely  and  wholly  as  they  have  used  to  have  the  same  at 
any  time  when  they  had  them  best  and  most  fully.  And  if  any 
statutes  have  been  made  by  us  or  our  predecessors,  or  any  customs 
brought  in  contrary  to  them  or  any  manner  of  article  contained  in 
this  present  Charter,  w^e  will  and  grant  that  such  manner  of  statutes 
and  customs  shall  be  void  and  null  forevermore. 

Arts.  5-6.^ 

PETITION  OF  EIGHT  OF  7  JUNE  1628.- 
To  THE  King's  Most  Excellent  Majesty. 

Article  1.  Humbly  show  unto  our  Sovereign  Lord  the  King,  the 
Lords  Spiritual  and  Temporal,  and  Commons  in  Parliament  assem- 
bled, that  whereas  it  is  declared  and  enacted  by  a  statute  made  in  the 
time  of  the  reign  of  King  Edward  the  First,  commonly  called  Statu- 
tum  de  tallagio  non  concedendo,. theit  no  tallage  or  aid  shall  be  laid  or 
levied  by  the  King  or  his  heirs  in  this  realm  without  the  good  will 
and  assent  of  the  archbishops,  bishops,  earls,  barons,  knights,  bur- 
gesses, and  other  the  freemen  of  the  commonality  of  his  realm;  and 
by  authority  of  Parliament  holden  in  the  five  and  twentieth  year  of 
the  reign  of  King  Edward  the  Third,  it  is  declared  and  enacted  that 
from  thenceforth  no  person  shall  be  compelled  to  make  any  loans 
to  the  King  against  his  will,  because  such  loans  were  against  reason 
and  the  franchise  of  the  land ;  and  by  other  laws  of  this  realm  it  is 
provided  that  none  should  be  charged  by  any  charge  or  imposition, 
called  a  benovolence,  nor  by  such  like  charge :  by  which,  the  statutes 
before-mentioned  and  other  the  good  laws  and  statutes  of  this  realmj 
your  subjects  have  inherited  this  freedom,  that  they  should  not  be 

1  Article  5  giants  pardon  to  different  members  of  the  aristocracy  who  had  rebelled 
against  the  royal  power.  Article  6  contains  measures  to  assure  the  publication  and 
execution  of  the  statute. 

^The  Petidon  Exhibited  to  his  Majestic  ly  the  Lords  8pirituaU  and  Temporal!  and 
Commons,  in  this  present  Parliament  a.<<semWed,  coticerning  divers  Rights  aiul  Liberties 
of  the  Subjects,  xoith  the  Kings  Majesties  Royall  Aunsicere  thereunto  in  full  Parliament 
[3  ChoA-les  I,  c.  1].  The  text  given  here  is  reprinted  (in  modern  orthography)  from  The 
Statutes:  Second  Revision  Editionj  vol.  i  (London,  1888),  Dp.  585-588. 


246  CONSTITUTIONS  OF   THE   STATES  AT  WAK. 


1 

rge,  I 


compelled  to  contribute  to  any  tax,  tallage,  aid,  or  other  like  char^ 
not  set  by  common  consent  in  Parliament : 

Art.  2.  Yet  nevertheless,  of  late  divers  commissions  directed  to 
sundry  commissioners  in  several  counties  with  instructions  have  is- 
sued, by  means  whereof  your  people  have  been  in  divers  places  assem- 
bled and  required  to  lend  certain  sums  of  money  unto  your  Majesty, 
and  many  of  them,  upon  their  refusal  so  to  do,  have  had  an  oath 
administered  unto  them,  not  warrantable  by  the  laws  or  statutes 
of   this   realm,    and   have   been   constrained    to    become    bound    to 
make  appearance  and  give  attendance  before  your  Privy  Council 
and  in  other  places,  and  others  of  them  have  been  therefore  im- 
prisoned, confined,  and  sundry  other  ways  molested  and  disquieted: 
and  divers  othere  charges  have  been  laid  and  levied  upon  your- 
people    in    several    counties,    by    Lord    Lieutenants,    deputy    lieu- J 
tenants,  commissioners  for  musters,  justices  of  peace  and  others,  by 
command  or  direction  from  your  Majesty  or  your  Privy  Council,™ 
against  the  laws  and  free  customs  of  this  realm.  f 

Art.  3.  And  whereas  also  by  the  statute  called,  "  The  Great  Charter 
of  the  Liberties  of  England,"^  it  is  declared  and  enacted,  that  no  free- 
man may  be  taken  or  imprisoned  or  be  disseised  of  his  freehold  or 
liberties,  or  his  free  customs,  or  be  outlawed  or  exiled,  or  in  any 
manner  destroyed,  but  by  the  lawful  judgment  of  his  peers,  or  by  the  — 
law  of  the  land :  | 

Art.  4.  And  in  the  eight  and  twentieth  year  of  the  reign  of  King 
Edward  the  Third,  it  was  declared  and  enacted  by  authority  of 
Parliament  that  no  man,  of  what  estate  or  condition  that  he  be,  should 
be  put  out  of  his  lands  or  tenements,  nor  taken,  nor  imprisoned, 
nor  disherited,  nor  put  to  death,  without  being  brought  to  answer 
by  due  process  of  law : 

Art.  5.  Nevertheless,  against  the  tenor  of  the  said  statutes  and 
other  the  good  laws  and  statutes  of  your  realm  to  that  end  provided, 
divers  of  your  subjects  have  of  late  been  imprisoned  without  any 
cause  showed,  and  when  for  their  deliverance  they  were  brought  be- 
fore your  justices  by  your  Majesty's  writs  of  habeas  covpus^  there  to 
undergo  and  receive  as  the  court  should  order,  and  their  keepers 
commanded  to  certify  the  causes  of  their  detainer,  no  cause  was  cer- 
tified, but  that  they  were  detained  by  your  Majesty's  special  com- 
mand, signified  by  the  lords  of  your  Privy  Council,  and  yet  were 
returned  back  to  several  prisons  without  being  charged  with  any- 
thing to  which  they  might  make  answer  according  to  the  law. 

Art.  6.  And  whereas  of  late  great  companies  of  soldiers  and  mari- 
ners have  been  dispersed  into  divers  counties  of  the  realm  and  the 
inhabitants  against  their  wills  have  been  compelled  to  receive  them 
?  ——— 

^  See  above,  p.  240. 


GKEAT    BlUTAl^y    AND   IRELAND.  247 

into  their  houses,  and  there  to  suffer  them  to  sojourn,  against  the 
laws  and  customs  of  this  reahn,  and  to  the  gi'eat  grievance  and  vexa- 
tion of  the  people : 

Art.  7.  And  whereas  also  by  authority  of  Parliament,  in  the  five 
and  twentieth  year  of  the  reign  of  King  Edward  the  Third,  it  is 
declared  and  enacted  that  no  man  shall  be  forejudged  of  life  or  limb 
against  the  form  of  the  Great  Charter  and  the  law  of  the  land ;  and 
by  the  said  Great  Charter  and  other  the  laws  and  statutes  of  this 
your  realm,  no  man  ought  to  be  adjudged  to  death,  but  by  the  laws 
established  in  this  your  realm  either  by  the  customs  of  the  same  realm 
or  by  Acts  of  Parliament:  and  whereas  no  offender  of  what  kind 
soever  is  exempted  from  the  proceedings  to  be  used  and  punishments 
to  be  inflicted  by  the  laws  and  statutes  of  this  your  realm;  never- 
the  less  of  late  divers  commissions  under  your  Majesty's  Great  Seal 
have  issued  forth,  by  which  certain  persons  have  been  assigned  and 
appointed  commissioners  w4th  power  and  authority  to  proceed  within 
the  land,  according  to  the  justice  of  martial  law  against  such  soldiers 
and  mariners,  or  other  dissolute  persons  joining  with  them,  as  should 
commit  any  murder,  robbery,  felony,  mutiny,  or  other  outrage  or  mis- 
demeanor whatsoever,  and  by  such  summary  course  and  order  as  is 
agi'eeable  to  martial  law  and  is  used  in  armies  in  time  of  war,  to 
proceed  to  the  trial  and  condemnation  of  such  offenders,  and  them 
to  cause  to  be  executed  and  put  to  death,  according  to  the  law  martial. 

By  pretext  whereof,  some  of  your  Majesty's  subjects  have  been  by 
some  of  the  said  commissioners  put  to  death,  when  and  where,  if  by 
the  laws  and  statutes  of  the  land  they  had  deserved  death,  by  the 
same  laws  and  statutes  also  they  might,  and  by  no  other  ought  to 
have  been,  adjudged  and  executed. 

And  also  sundry  grievous  offenders  by  colour  thereof,  claiming  an 
exemption,  have  escaped  the  punishments  due  to  them  by  the  laws 
and  statutes  of  this  your  realm,  by  reason  that  divers  of  your  officers 
and  ministers  of  justice  have  unjustly  refused,  or  forborne  to  pro- 
ceed against  such  offenders  according  to  the  same  laws  and  statutes, 
upon  pretence  that  the  said  offenders  were  punishable  only  by  mar- 
tial law,  and  by  authority  of  such  commissions  as  aforesaid ;  which 
commissions,  and  all  other  of  like  nature,  are  wholly  and  directly 
contraiy  to  the  said  laws  and  statutes  of  this  your  realm. 

Art.  8.  They  do  therefore  humbly  pray  your  most  excellent  Maj- 
esty, that  no  man  hereafter  be  compelled  to  make  or  yield  any  gift, 
loan,  benevolence,  tax,  or  such  like  charge,  without  common  consent 
by  Act  of  Parliament;  and  that  none  be  called  to  make  answer,  or 
take  such  oath,  or  to  give  attendance,  or  be  confined,  or  otherwise 
molested  or  disquieted  concerning  the  same,  or  for  refusal  thereof; 
land  that  no  freeman,  in  any  such  manner  as  in  before-mentioned,  be 


248  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 

imprisoned  or  detained;  and  that  your  Majesty  will  be  pleased  to 
remove  the  said  soldiers  and  mariners,  and  that  your  people  may 
not  be  so  burdened  in  time  to  come ;  and  that  the  aforesaid  commis- 
sions for  proceeding  by  martial  law,  may  be  revoked  and  annulled ; 
and  that  hereafter  no  commissions  of  like  nature  may  issue  forth  to 
any  person  or  persons  whatsoever,  to  be  executed  as  aforesaid,  lest 
by  colour  of  them  any  of  your  Majesty's  subjects  be  destroyed  or  put 
to  death,  contrary  to  the  laws  and  franchise  of  the  land. 

All  which  they  most  humbly  pray  of  your  most  excellent  Majesty, 
as  their  rights  and  liberties  according  to  the  laws  and  statutes  of  this 
realm;  and  that  your  Majesty  would  also  vouchsafe  to  declare,  that 
the  awards,  doings  and  proceedings  to  the  prejudice  of  your  people, 
in  any  of  the  premises,  shall  not  be  drawn  hereafter  into  consequence 
or  example;  and  that  your  Majesty  would  be  also  graciously  pleased, 
for  the  further  comfort  and  safety  of  your  people,  to  declare  your 
royal  will  and  pleasure,  that  in  the  things  aforesaid  all  your  officers 
and  ministers  shall  serve  you,  according  to  the  laws  and  statutes  of 
this  realm,  as  they  tender  the  honour  of  your  Majesty,  and  the  pros- 
perity of  this  kingdom.^ 

HABEAS  CORPUS  ACT  OF  1679.^ 

ArticiiE  l.v.Whereas  great  delays  have  been  used  by  sheriffs,  gaol- 
ers, and  other  officers,  to  whose  custody  any  of  the  King's  subjects 
have  been  committed  for  criminal  or  supposed  criminal  matters,  in 
making  returns  of  writs  of  habeas  corpus  to  them  directed,  by  stand- 
ing out  an  alias  and  pluries  habeas  corpus^  and  sometimes  more,  and 
by  other  shifts  to  avoid  their  yielding  obedience  to  such  writs,  con- 
trary to  their  duty  and  the  known  laws  of  the  land,  whereb}'-  many 
of  the  King's  subjects  have  been  and  hereafter  may  be  long  detained ^ 
in  prison,  in  such  cases  where  by  law  they  are  bailable,  to  their  great 
charge  and  vexation.  For  the  prevention  whereof,  and  the  more 
speedy  relief  of  all  persons  imprisoned  for  any  such  criminal  or 
supposed  criminal  matters,  be  it  enacted  by  the  King's  most  excel- 

1  This  Petition  was  read  in  Parliament  on  2  June  1628,  togetlier  witli  the  King's  answer 
as  follows  : 

"  The  King  willeth  that  right  be  done  according  to  the  laws  and  customs  of  the  realm  ; 
and  that  the  statutes  be  put  in  due  execution,  that  his  subjects  may  have  no  cause  to 
complain  of  any  wrong  or  oppressions,  contrary  to  their  just  rights  and  liberties,  to  the 
preservation  whereof  he  holds  himself  as  well  obliged  as  of  his  prerogative." 

This  reply  not  being  considered  clear  enough,  Parliament  requested  another.  On  7  June 
the  King  appeared  in  person  and  pronounced  the  following  French  formula,  Soit  droit 
fait  come  est  d^sir6,  which,  according  to  usage,  signified  assent  pure  and  simple  to  the 
terms  of  the  petition. 

^  An  Act  for  the  better  secureing  the  Liberty  of  the  Subject  and  fov  Prevention  of 
Imprisonments  beyond  the  Seas  [31  Charles  II,  c.  2].  The  text  given  here  Is  reprinted' 
(in  modem  orthography)  from  The  Statutes:  Second  Revised  Edition,  vol.  i  (London, 
1888),   pp.   672-680. 


GREAT  BRITAIN   AND  IRELAND.  24^ 

lent  Majesty,  by  and  with  the  advice  and  consent  of  the  Lords  Spir- 
itual and  Temporal,  and  Commons,  in  this  present  Parliament  as- 
sembled, and  by  the  authority  thereof,  that  whensoever  any  person 
or  persons  shall  bring  any  habeas  corpus  directed  unto  any  sheriff 
or  sheriffs,  gaoler,  minister,  or  other  person  whatsoever,  for  any 
person  in  his  or  their  custody,  and  the  said  writ  shall  be  served  upon 
the  said  officer,  or  left  at  the  gaol  or  prison  with  any  of  the  under- 
officers,  under-keepers  or  deputy  of  the  said  officers  or  keepers,  that 
the  said  officer  or  officers,  his  or  their  underofficers,  under-keepers 
or  deputies,  shall,  within  three  days  after  the  service  thereof  as  afore- 
said (unless  the  commitment  aforesaid  were  for  treason  or  felony, 
plainly  and  specially  expressed  in  the  warrant  of  commitment), 
upon  payment  or  tender  of  the  charges  of  bringing  the  said  prisoner, 
to  he  ascertained  by  the  judge  or  court  that  awarded  the  same,  and 
endorsed  upon  the  said  writ,  not  exceeding  twelve  pence  per  mile, 
and  upon  security  given  by  his  own  bond  to  pay  the  charges  of  car- 
rying back  the  prisoner,  if  he  shall  be  remanded  by  the  court  or 
judge  to  which  he  shall  be  brought  according  to  the  true  intent  of 
this  present  Act,  and  that  he  will  not  make  any  escape  by  the  way, 
make  return  of  such  writ ;  and  bring  or  cause  to  be  brought  the  body 
of  the  party  so  committed  or  restrained,  unto  or  before  the  Lord 
Chancellor,  or  Lord  Keeper  of  the  Great  Seal  of  England  for  the 
time  being,  or  the  judges  or  barons  of  the  said  court  from  whence 
the  said  writ  shall  issue,  or  unto  and  before  such  other  pei^on  or 
persons  before  whom  the  said  writ  is  made  returnable,  according 
to  the  command  thereof;  and  shall  then  likewise  certify  the  true 
causes  of  his  detainer  or  imprisonment,  unless  the  commitment  of 
the  said  party  be  in  any  place  beyond  the  distance  of  twenty  miles 
from  the  place  or  places  where  such  court  or  person  is  or  shall  be 
residing;  and  if  beyond  the  distance  of  twenty  miles,  and  not  above 
one  hundred  miles,  then  within  the  space  of  ten  days,  and  if  beyond 
the  distance  of  one  hundred  miles,  then  within  the  space  of  twenty 
days,  after  such  the  delivery  aforesaid,  and  no  longer. 

Art.  2.  And  to  the  intent  that  no  sheriff,  gaoler  or  other  officer 
may  pretend  ignorance  of  the  import  of  any  such  writ,  be  it  enacted 
by  the  authority  aforesaid  that  all  such  writs  shall  be  marked  in 
this  manner,  per  statutwm  tricesiTno  primo  Caroli  sectmdi  regis,  and 
shall  be  signed  by  the  person  that  awards  the  same ;  and  if  any  per- 
son or  persons  sliall  be  or  stand  committed  or  detained  as  aforesaid, 
for  any.  crime,  unless  for  treason  or  felony  plainly  expressed  in  the 
warrant  of  commitment,  in  the  vacation-time,  and  out  of  term,  it 
shall  and  may  be  lawful  to  and  for  the  pei*son  or  persons  so  com- 
mitted or  detained  (other  than  persons  convict  or  in  execution)  by 
legal  process,  or  any  one  on  his  or  their  behalf,  to  appeal  or  complain 
88381—19 17 


250  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

to  the  Lord  Chancellor  or  Lord  Keeper,  or  any  one  of  his  Majesty's 
justices,  either  of  the  one  bench  or  of  the  other,  or  the  barons  of 
the  exchequer  of  the  degree  of  the  coif ;  and  the  said  Lord  Chancel- 
lor, Lord  Keeper,  justices  or  barons  or  any  of  them,  upon  view  of 
the  copy  or  copies  of  the  warrant  or  warrants  of  commitment  and 
detainer,  or  otherwise  upon  oath  made  that  such  copy  or  copies  were 
denied  to  be  given  by  such  person  or  persons  in  whose  custody  the 
prisoner  or  prisoners  is  or  are  detained,  are  hereby  authorized,  and 
required,  upon  request  made  in  writing  by  such  person  or  persons 
or  any  on  his,  her  or  their  behalf,  attested  and  subscribed  by  two 
witnesses  who  Avere  present  at  the  delivery  of  the  same,  to  award 
and  grant  an  hah e as  corfus  under  the  seal  of  such  court  whereof  he 
shall  then  be  one  of  the  judges,  to  be  directed  to  the  officer  of  officers 
in  whose  custody  the  party  so  committed  or  detained  shall  be,  re- 
turnable immediate  before  the  said  Lord  Chancellor  or  Lord  Keeper, 
or  such  justice,  baron  or  any  other  justice  or  baron  of  the  degree 
of  the  coif  of  any  of  the  said  courts;  and  upon  service  thereof  as 
aforesaid,  the  officer  or  officers,  his  or  their  underofficer  or  under- 
officers,  under-keeper  or  under-keepers,  or  deputy,  in  w^hose  custody 
the  party  is  so  committed  or  detained,  shall  within  the  times  re- 
spectively before  limited,  bring  such  prisoner  or  prisoners  before 
the  said  Lord  Chancellor  or  Lord  Keeper,  or  such  justices,  barons 
or  one  of  them,  before  w^hom  the  said  writ ,  is  made  returnable, 
and  in  case  of  his  absence  before  any  of  them,  w^ith  the  return  of 
such  writ,  and  the  true  causes  of  the  commitment  and  detainer;  and 
thereupon  within  two  days  after  the  party  shall  be  brought  before 
them,  the  said  Lord  Chancellor  or  Lord  Keeper,  or  such  justice  or 
baron  before  whom  the  prisoner  shall  be  brought  as  aforesaid,  shall 
discharge  the  said  prisoner  from  his  imprisonment,  taking  his  oj^ 
their  recognizance,  with  one  or  more  surety  or  sureties,  in  any  su^ 
according  to  their  discretions,  having  regard  to  the  quality  of  the 
prisoner  and  nature  of  the  offence,  for  his  or  their  appearance  in  the 
court  of  king's  bench  the  term  following,  or  at  the  next  assizes,  ses- 
sions, or  general  gaol-delivery  of  and  for  such  county,  city,  or  place 
where  the  commitment  was,  or  where  the  offence  was  committed,  or 
in  such  other  court  where  the  said  offence  is  properly  cognizable,  as 
the  case  shall  require,  and  then  shall  certify  the  said  writ  with  the 
return  thereof,  and  the  said  recognizance  or  recognizances  into  thc' 
said  court  where  such  appearance  is  to  be  made;  unless  it  shall  ap- 
pear unto  the  said  Lord  Chancellor  or  Lord  Keeper,  or  justice  or 
justices,  or  baron  or  barons,  that  the  party  so  committed  is  detained' 
upon  a  legal  process,  order  or  warrant,  out  of  some  court  that  hath 
jurisdiction  of  criminal  matters,  or  by  some  warrant  signed  and 
sealed  with  the  hand  and  seal  of  any  of  the  said  justices  or  barons, 


GPvEAT  BRITAIN  AND  IRELAND.  251 

or  some  justice  or  justices  of  the  peace,  for  such  matters  or  offences 
for  the  which  by  the  law  the  prisoner  is  not  bailable. 

Art.  3.  Provided  always,  and  be  it  enacted  that  if  any  person  shall 
have  willfully  neglected,  by  the  space  of  two  whole  terms  after  his 
imprisonment,  to  pray  a  habeas  corpus  for  his  enlargement,  such  per- 
son so  willfully  neglecting  shall  not  have  any  habeas  corpus  to  be 
granted  in  vacation-time,  in  pursuance  of  this  act. 

Art.  4.  And  if  any  officer  or  officers,  his  or  their  underofficer  or 
underofficers,  under-keeper  or  under-keepers,  or  deputy,  shall  neglect 
or  refuse  to  make  the  returns  aforesaid,  or  to  bring  the  body  or  bodies 
of  the  prisoner  or  prisoners  according  to  the  command  of  the  said 
writ,  within  the  respective  times  aforesaid,  or  upon  demand  made 
by  the  prisoner  or  person  in  his  behalf,  shall  refuse  to  deliver,  or 
within  the  space  of  six  hours  after  demand  shall  not  deliver,  to  the 
person  so  demanding,  a  true  copy  of  the  warrant  or  w^arrants  of  com- 
mitment and  detainer  of  such  prisoner,  which  he  and  they  are  hereby 
required  to  deliver  accordingly;  all  and  every  the  head  goalers  and 
keepers  of  such  prisons,  and  such  other  person  in  whose  custody  the 
prisoner  shall  be  detained,  shall  for  the  first  offence  forfeit  to  the 
prisoner  or  party  grieved  the  sum  of  one  hundred  pounds,  and  for 
the  second  offence  the  sum  of  two  hundred  pounds,  and  shall  and  is 
hereby  made  incapable  to  hold  or  execute  his  said  office,  the  said 
penalties  to  be  recovered  by  the  prisoner  or  party  grieved,  his  exe- 
cutors or  administrators,  against  such  offender,  his  executors  or  ad- 
ministrators, by  any  action  of  debt,  suit,  bill,  plaint,  or  information, 
in  any  of  the  King's  courts  at  Westminster,  wherein  no  essoin,  pro- 
tection, privilege,  injunction,  wager  of  law,  or  stay  of  prosecution 
by  rwn  vult  ulterius  prosequi^  or  otherwise,  shall  be  admitted  or  al- 
lowed,, or  any  more  than  one  imparlance,  and  any  recovery  or  judg- 
ment at  the  suit  of  any  party  gi'ieved  shall  be  a  sufficient  conviction 
for  the  first  offence,  and  any  after  recovery  or  judgment,  at  the  suit 
of  a  party  grieved  for  any  offence  after  the  first  judgment,  shall  be 
a  sufficient  conviction  to  bring  the  officers  or  person  within  the  said 
penalty  for  the  second  offence. 

Art.  5.  And  for  the  prevention  of  unjust  vexation  by  reiterated 
commitments  for  the  same  offense,  be  it  enacted  by  the  authority 
aforesaid  that  no  person  or  persons,  which  shall  be  delivered  or  set 
at  large  upon  an}^  habeas  corpus^  shall  at  any  time  hereafter  be 
again  imprisoned  or  committed  for  the  same  offence  by  any  person  or 
persons  whatsoever,  other  than  by  the  legal  order  and  process  of 
such  court  wherein  he  or  they  shall  be  bound  by  recognizance  to 
appear,  or  other  court  having  jurisdiction  of  the  cause;  and  if  any 
other  person  or  persons  shall  knowingly  contrary  to  this  act  recom- 
mit or  imprison,  or  knowingly  procure  or  cause  to  be  recommitted 
or  imprisoned,  for  the  same  offence  or  pretended  offence,  anv  person 


252  COKSTITUTIOXS   OF   TflE   STATES   AT   WAR. 

or  persons  delivered  or  set  at  large  as  aforesaid,  or  be  knowingly 
aiding  or  assisting  therein,  then  lie  or  they  shall  forfeit  to  the 
prisoner  or  party  grieved  the  sum  of  five  hundred  pounds:  any 
colourable  pretence  or  variation  in  the  warrant  or  warrants  of  com- 
mitment notwithstanding  to  be  recovered  as  aforesaid. 

Art.  6.  Provided  always  that  if  any  person  or  persons  shall  be 
committed  for  high  treason  or  felony,  plainly  and  specially  expressed 
in  the  warrant  of  commitment,  upon  his  prayer  or  petition  in  open 
court  the  first  week  of  the  term,  or  first  day  of  the  sessions  of  oyer 
and  terminer  or  general  gaol-delivery,  to  be  brought  to  his  trial,  shall 
not  be  indicted  some  time  in  the  next  term,  sessions  of  oyer  and  ter- 
miner or  general  gaol-delivery,  after  such  commitment,  it  shall  and 
may  be  lawful  to  and  for  the  judges  of  the  court  of  King's  bench  and 
justices  of  oj^er  and  terminer  or  general  gaol-delivery,  and  they  are 
hereby  required,  upon  motion  to  them  made  in  open  court  the  last 
day  of  the  term,  sessions  or  gaol-delivery,  either  by  the  prisoner  or 
any  one  in  his  behalf,  to  set  at  liberty  the  prisoner  upon  bail,  unless 
it  appear  to  the  judges  and  justices  upon  oath  made,  that  the  wit- 
nesses for  the  King  could  not  be  produced  the  same  term,  sessions  or 
general  gaol-delivery;  and  if  any  person  or  persons  committed  as 
aforesaid,  upon  his  prayer  or  petition  in  open  court  the  first  week 
of  the  term  or  first  day  of  the  sessions  of  oyer  and  terminer  and  gen- 
eral gaol-delivery,  to  be  brought  to  his  trial,  shall  not  be  indicted  and 
tried  the  second  term,  sessions  of  oyer  and  terminer  or  general  gaol- 
delivery,  after  his  commitment,  or  upon  his  trial  shall  be  acquitte 
he  shall  be  discharged  from  his  imprisonment. 

Art.  7.  Provided  always  that  nothing  in  this  act  shall  extend 
discharge  out  of  prison  any  person  charged  in  debt,  or  other  action, 
or  with  process  in  any  civil  cause,  but  that  after  he  shall  be  discharge 
of  his  imprisonment  for  such  his  criminal  offence,  he  shall  be  kept 
custody  according  to  the  law,  for  such  other  suit. 

Art.  8.  Provided  always  that  if  any  person  or  persons  subject 
this  realm  shall  be  committed  to  any  prison  or  in  custody  of  an| 
officer  or  officers  Avhatsoever,  for  any  criminal  or  supposed  crimina 
matter,  that  the  said  person  shall  not  be  removed  from  the  said  prison 
and  custody  into  the  custody  of  any  other  officer  or  officers,  unless 
it  be  by  habeas  corpus  or  some  other  legal  writ,  or  where  the  prisoner 
is  delivered  to  the  constable  or  other  inferior  officer  to  carry  such 
prisoner  to  some  common  gaol,  or  where  any  person  is  sent  by  order 
of  any  judge  of  assize  or  justice  of  the  peace  to  any  common  work- 
house or  house  of  correction,  or  where  the  prisoner  is  removed  from 
one  prison  or  place  to  another  within  the  same  county,  in  order  to 
his  or  her  trial  or  discharge  in  due  course  of  law,  or  in  case  of  sudden 
fire  or  infection,  or  other  necessity;  and  if  any  person  or  persons 
shall  after  such  commitment  aforesaid  make  out  and  sign  or  counter- 


GREAT  BRITAIN  AND  IRELAND.  253 

sign  any  warrant  or  warrants  for  such  removal  aforesaid,  contrary 
to  this  act,  as  well  he  that  makes  or  signs  of  countersigns  such  war- 
rant or  warrants  as  the  officer  or  officers  that  obey  or  execute  the 
same,  shall  suffer  and  incur  the  pains  and  forfeitures  in  this  act  before 
mentioned,  both  for  the  first  and  second  offence  respectively,  to  be 
recovered  in  manner  aforesaid  by  the  party  grieved. 

Art.  9.  Provided  also  that  it  shall  and  may  be  lawful,  to  and  for 
any  prisoner  and  prisoners  as  aforesaid,  to  move  and  obtain  his  or 
their  hahem  corpus  as  Avell  out  of  the  high  court  of  chancery  or  court 
of  exchequer,  as  out  of  the  courts  of  King's  bench  or  common  pleas, 
or  either  of  them,  and  if  the  said  Lord  Chancellor  or  Lord  Keeper, 
or  any  judge  or  judges,  baron  or  barons  for  the  time  being,  of  the 
degree  of  the  coif,  of  any  of  the  courts  aforesaid,  in  the  vacation- 
time,  upon  view  of  the  copy  or  copies  of  the  warrant  or  warrants  of 
commitment  or  detainer,  or  upon  oath  made  that  such  copy  or  copies 
were  denied  as  aforesaid,  shall  deny  any  writ  of  habeas  corpus  by  this 
act  required  to  be  granted,  being  moved  for  as  aforesaid,  they  shall 
severally  forfeit  to  the  prisoner  or  party  grieved  the  sum  of  five 
hundred  pounds,  to  be  recovered  in  manner  aforesaid. 

Art.  10.  And  an  habeas  corpus^  according  to  the  true  intent  and 
meaning  of  this  act,  may  be  directed  and  run  into  any  county  pala- 
tine, the  Cinque  Ports,  or  other  privileged  places  within  the  Kingdom 
of  England,  dominion  of  Wales,  or  town  of  Berwick  upon  Tweed, 
and  the  islands  of  Jersey  or  Guernsey,  any  law  or  usage  to  the  con- 
trary notwithstanding. 

Art.  11.  And  for  preventing  illegal  imprisonments  in  prisons  be- 
yond the  seas,  be  it  further  enacted  by  the  authority  aforesaid  that 
no  subject  of  this  realm  that  now  is,  or  hereafter  shall  be,  an  inhabit- 
ant or  resiant  of  this  Kingdom  of  England,  dominion  of  Wales,  or 
town  of  Berwick  upon  Tweed,  shall  or  may  be  sent  prisoner  into 
Scotland,  Ireland,  Jersey,  Guernsey,  Tangier,  or  into  any  parts,  gar- 
risons, islands  or  places  beyond  the  seas,  which  are  or  at  any  time 
hereafter  shall  be  within  or  without  the  dominions  of  his  Majesty,  his 
heirs  or  successors;  and  that  every  such  imprisonment  is  hereby 
enacted  and  adjudged  to  be  illegal;  and  that  if  any  of  the  said  sub- 
jects now  is  or  hereafter  shall  be  so  imprisoned,  every  such  person 
and  persons  so  imprisoned  shall  and  may  for  every  such  imprison- 
ment maintain  by  virtue  of  this  Act  an  action  or  actions  of  false  im- 
prisonment in  any  of  his  Majesty's  courts  of  record,  against  the  per- 
son or  persons  by  whom  he  or  she  shall  be  so  committed,  detained, 
imprisoned,  sent  prisoner  or  transported,  contrary  to  the  true  mean- 
ing of  this  Act,  and  against  all  or  any  person  or  persons  that  shall 
frame,  contrive,  write,  seal  or  countersign  any  warrant  or  writing  for 
such  commitment,  detainer,  imprisonment,  or  transportation,  or  shall 
be  advising,  aiding  or  assisting  in  the  same,  or  any  of  them ;  and  the 


254  CONSTITUTION'S   OF   THE   STATES  AT  WAR. 

plaintiff  in  eA^ery  such  action  shall  have  judgment  to  recover  his  treble 
costs,  besides  damages,  which  damages  so  to  be  given  shall  not  be  less 
than  five  hundred  pounds;  in  which  action  no  delay,  stay  or  stop  of 
proceeding  by  rule,  order  or  command,  nor  no  injunction,  protection 
or  privilege  whatsoever,  nor  any  more  than  one  imparlance  shall  be 
allowed,  excepting  such  rule  of  the  court  wherein  the  action  shall  de- 
pend, made  in  open  court,  as  shall  be  thought  in  justice  necessary, 
for  special  cause  to  be  expressed  in  the  said  rule ;  and  the  person  or 
persons  who  shall  knowingly  frame,  contrive,  write,  seal  or  counter- 
sign any  warrant  for  such  commitment,  detainer,  or  transportation, 
or  shall  so  commit,  detain,  imprison  or  transport  any  person  or  per- 
sons contrary  to  this  Act,  or  be  any  ways  advising,  aiding  or  assist- 
ing therein,  being  lawfully  convicted  thereof,  shall  be  disabled  from 
thenceforth  to  bear  any  office  of  trust  or  profit  within  the  said  realm 
of  England,  dominion  of  Wales,  or  town  of  Berwick  upon  Tweed, 
or  any  of  the  islands,  territories  or  dominions  thereunto  belonging; 
and  shall  incur  and  sustain  the  pains,  penalties  and  forfeitures  lim- 
ited, ordained  and  provided  in  and  by  the  Statute  of  Provision  and 
Praemunire  made  in  the  sixteenth  year  of  King  Richard  the  Second ; 
and  be  incapable  of  any  pardon  from  the  King,  his  heirs  or  suc- 
cessors, of  the  said  forfeitures,  losses,  or  disabilities,  or  any  of  them. 

Art.  12.  Provided  always  that  nothing  is  this  Act  shall  extend 
to  give  benefit  to  any  person  w^ho  shall  by  contract  in  writing  agree 
with  any  merchant  or  owner  of  any  plantation,  or  other  person  what- 
soever, to  be  transported  to  any  parts  beyond  the  seas,  and  receive 
earnest  upon  such  agreement,  although  that  afterwards  such  person 
shall  renounce  such  contract. 

Art.  13.  Provided  alw^ays  that  if  any  person  or  persons  lawfully 
convicted  of  any  felony  shall  in  open  court  pray  to  be  transported 
beyond  the  seas,  and  the  court  shall  think  fit  to  leave  him  or  them  in 
prison  for  that  purpose,  such  person  or  persons  may  be  transported 
into  any  parts  beyond  the  seas,  this  Act  or  anything  therein  contained 
to  the  contrary  notwithstanding. 

Art.  14.^ 

Art.  15.  Provided  also  that  if  any  person  or  persons  at  any  time 
resiant  in  this  realm  shall  have  committed  any  capital  offence  in 
Scotland  or  Ireland,  or  any  of  the  islands,  or  foreign  plantations 
of  the  King,  his  heirs  or  successors,  where  he  or  she  ought  to  be  tried 
for  such  offence,  such  person  or  persons  may  be  sent  to  such  place, 
there  to  receive  such  trial  in  such  manner  as  the  same  might  have 
been  used  before  the  making  of  this  Act,  anything  herein  contained 
to  the  contrary  notwithstanding. 

Art.  16.  Provided  also  that  no  person  or  persons  shall  be  sued, 
impleaded,  molested  or  troubled  for  any  offence  against  this  Act,  un- 

1  Repealed  by  the  Statute  Law  Revision  Act  of  1863. 


GREAT  BRITAIN   AND  IRELAND.  255 

less  the  party  offending  be  sued  or  impleaded  for  the  same  within 
two  years  at  the  most  after  such  time  wherein  the  offence  shall  be  com- 
mitted, in  case  the  party  grieved  shall  not  be  then  in  prison ;  and  if 
he  shall  be  in  prison,  then  within  the  space  of  two  years  after  the 
decease  of  the  person  imprisoned,  or  his  or  her  delivery  out  of  prison, 
which  shall  first  happen. 

Art.  17.  And  to  the  intent  no  person  may  avoid  his  trial  at  the 
assizes  or  general  gaol-delivery,  by  procuring  his  removal  before  the 
assizes,  at  such  time  as  he  can  not  be  brought  back  to  receive  his  trial 
there,  be  it  enacted  that  after  the  assizes  proclaimed  for  that  county 
where  the  prisoner  is  detained,  no  person  shall  be  removed  from  the 
common  gaol  upon  any  habeas  covpus  granted  in  pursuance  of  this 
Act,  but  upon  any  such  habeas  corpus  shall  be  brought  before  the 
judge  of  assize  in  open  court,  who  is  thereupon  to  do  what  to  justice 
shall  appertain. 

Art.  18.  Provided  nevertheless  that,  after  the  assizes  are  ended, 
any  person  or  persons  detained,  may  have  his  or  her  habeas  corpus 
according  to  the  direction  and  intention  of  this  Act. 

Art.  19.  And  if  any  information,  suit  or  action  shall  be  brought 
or  exhibited  against  any  person  or  persons  for  any  offence  committed 
or  to  be  committed  against  the  form  of  this  law,  it  shall  be  lawful 
for  such  defendants  to  plead  the  general  issue,  that  they  are  not 
guilty,  or  that  they  owe  nothing,  and  to  give  such  special  matter  in 
evidence  to  the  jury  that  shall  try  the  same,  which  matter  being^ 
pleaded  had  been  good  and  sufficient  matter  in  law  to  have  dis- 
charged the  said  defendant  or  defendants  against  the  said  informa- 
tion, suit  or  action,  and  the  said  matter  shall  be  then  as  available 
to  him  or  them,  to  all  intents  and  purposes,  as  if  he  or  they  had  suffi- 
ciently pleaded,  set  forth  or  alleged  the  same  matter  in  bar  or  dis- 
charge of  such  information,  suit  or  action. 

Art.  20.  And  because  many  times  persons  charged  with  petty 
treason  or  felony,  or  as  accessories  thereunto,  are  conunitted  upon 
suspicion  only,  whereupon  they  are  bailable,  or  not,  according  as  the 
circumstances  making  out  that  suspicion  are  more  or  less  weighty, 
which  are  best  known  to  the  j.ustices  of  peace  that  conunitted  the 
persons,  and  have  the  examinations  before  them,  or  to  other  justices 
of  the  peace  in  the  county,  be  it  therefore  enacted,  that  where  any 
person  shall  appear  to  be  committed  by  any  judge  or  justice  of  the 
peace,  and  charged  as  accessory  before  the  fact,  to  any  petty  treason 
or  felony,  or  upon  suspicion  thereof,  or  with  suspicion  of  petty 
treason  or  felony,  which  petty  treason  or  felony  shall  be  plainly  and 
specially  expressed  in  the  warrant  of  commitment,  that  such  person 
shall  not  be  removed  or  bailed  by  virtue  of  this  Act,  or  in  any  other 
manner  than  they  might  have  been  before  the  making  of  this  Act. 


256  CONSTITUTION'S   OF   THE   STATES   AT   WAK. 

BILL  OF  RIGHTS  OF  13  FEBRUARY  1689.^ 

Article  1.  Whereas  the  Lords  Spiritual  and  Temporal,  and  Com- 
mons, assembled  at  Westminster,  lawfully,  fully  and  freely  repre- 
senting all  the  estates  of  the  people  of  this  realm,  did,  upon  the 
thirteenth  day  of  February,  in  the  year  of  our  Lord  one  thousand 
six  hundred  eighty-eight,  present  unto  their  Majesties,  then  called 
and  known  by  the  names  and  style  of  William  and  Mary,  Prince  and 
Princess  of  Orange,  being  present  in  their  proper  persons,  a  certain 
declaration  in  writing,  made  by  the  said  Lords  and  Commons,  in  the 
words  following,  viz. :  ^ 

All  which  are  utterly  and  directly  contrary  to  the  known  laws  and 
statutes  and  freedom  of  this  realm.  ^ 

And  whereas  the  said  late  King  James  the  Second  having  abdi-™ 
cated  the  government,  and  the  throne  being  thereby  vacant,  his 
Highness  the  Prince  of  Orange  (whom  it  hath  pleased  Almighty 
God  to  make  the  glorious  instrument  of  delivering  this  kingdom  from 
popery  and  arbitrary  power)  did  (by  the  advice  of  the  Lords  Spir- 
itual and  Temporal,  and  diverse  principal  persons  of  the  Commons) 
cause  letters  to  be  written  to  the  Lords  Spiritual  and  Temporal,  being 
Protestants,  and  other  letters  to  the  several  counties,  cities,  universi- 
ties, boroughs,  and  Cinque  Ports,  for  the  choosing  of  such  persons  as9 
represent  them,  as  were  of  right  to  be  sent  to  Parliament,  to  meet 
and  sit  at  Westminster  upon  the  two  and  twentieth  day  of  January, 
in  this  year  one  thousand  six  hundred  eight}^  and  eight,  in  order  to 
such  an  establishment,  as  that  their  religion,  laws  and  liberties  might 
not  again  be  in  danger  of  being  subverted ;  upon  which  letters  elec- 
tions have  been  accordingly  made.  fl 

And  thereupon  the  said  Lords  Spiritual  and  Temporal,  and  Com- 
mons, pursuant  to  their  respective  letters  and  elections,  being  now 
assembled  in  a  full  and  free  representation  of  this  nation,  taking 
into  their  most  serious  consideration  the  best  means  for  attaining  the 
ends  aforesaid,  do  in  the  first  place  (as  their  ancestors  in  like  case 
have  usually  done),  for  the  vindicating  and  asserting  their  ancient 
rights  and  liberties,  declare : 

That  the  pretended  power  of  suspending  of  laws,  or  the  execu- 
tion of  laws,  by  regal  authority,  without  consent  of  Parliament,  is 
illegal. 


1  An  Act  declaring  the  Rights  and  Lihertiea  of  the  Subject  and  setleing  the  Succession 
of  the  Crowne  [1  William  and  Mary,  sess.  2.  c.  2].  The  text  given  here  is  reprinted  (in 
Tnodern  orthography)  from  The  Statutes:  Second  Revised  Edition,  vol.  i  (London,  1888), 
pp.    690-696. 

2  Here  follows  the  enumeration  of  twelve  complaints  of  Parliament  against  the  gov- 
ernment of  the  late  King  James  II.  These  are  taken  up  almost  word  for  word  in  the 
reply  to  the  several  complaints  below. 


GREAT  BRITAIN   AND  IRELAND.  257 

That  the  pretended  power  of  dispensing  with  hiws,  or  the  execu- 
tion of  hiws,  by  re^al  authority,  as  it  hath  been  assumed  and  exer- 
cised of  late,  is  ille^jal. 

That  the  commission  for  erecting  the  hxte  Court  of  Commis- 
sioners for  ecclesiastical  causes,  and  all  other  commissions  and  courts 
of  like  nature,  are  illegal  and  pernicious. 

That  levying  money  for  or  to  the  use  of  the  Crown,  by  pretence 
of  prerogative,  without  grant  of  Parliament,  for  longer  time  or  in 
other  manner  than  the  same  is  or  shall  be  granted,  is  illegal. 

That  it  is  the  right  of  the  subjects  to  petition  the  King,  and  all 
commitments  and  prosecutions  for  such  petitioning  are  illegal. 

That  the  raising  or  keeping  a  standing  army  within  the  king- 
dom in  time  of  peace,  unless  it  be  with  consent  of  Parliament,  is 
against  law. 

That  the  subjects  which  are  Protestants  may  have  arms  for  their 
defence  suitable  to  their  conditions,  and  as  allowed  by  law. 

That  election  of  members  of  Parliament  ought  to  be  free. 

That  the  freedom  of  speech,  and  debates  or  proceedings  in  Par- 
liament, ought  not  to  be  impeached  or  questioned  in  any  court  or 
place  out  of  Parliament. 

That  excessive  bail  ought  not  to  be  required,  nor  excessive  fines 
imposed ;  nor  cruel  and  unusual  punishments  inflicted. 

That  jurors  ought  to  be  duly  impanelled  and  returned,  and 
jurors  which  pass  upon  men  in  trials  for  high  treason  ought  to  be 
freeholders.^ 

That  all  grants  and  promises  of  fines  and  forfeitures  of  particu- 
lar persons  before  conviction  are  illegal  and  void. 

And  that  for  redress  of  all  grievances,  and  for  the  amending, 
strengthening,  and  preserving  of  the  laws,  Parliament  ought  to  be 
held  frequently. 

And  they  do  claim,  demand  and  insist  upon  all  and  singular  the 
premises,  as  their  undoubted  rights  and  liberties ;  and  that  no  declara- 
tions, judgments,  doings  or  proceedings,  to  the  prejudice  of  the 
people  in  any  of  the  said  premises,  ought  in  any  wise  to  be  drawn 
hereafter  into  consequence  or  example.  To  which  demand  of  their 
rights  they  are  particularly  encouraged  by  the  declaration  of  his 
Highness  the  Prince  of  Orange,  as  being  the  only  means  for  obtain- 
ing a  full  redress  and  remedy  therein.  [  Having  therefore  an  entire 
confidence  that  his  said  Highness  the  Prince  of  Orange  will  perfect 
the  deliverance  so  far  advanced  by  him,  and  will  still  preserve  them 
from  the  violation  of  their  rights,  which  they  have  here  asserted,  and 
from  all  other  attempts  upon  their  religion,  rights,  and  liberties. 


1  "  And  jurors  .  .  .  freeholders."     Repealed  \y  6  George  IV,  c.  50,  s.  62, 


L 


258  co:n"stitutions  of  the  states  at  war. 

The  said  Lords  Spiritual  and  Temporal,  and  Commons,  assembled 
at  Westminster,  do  resolve  that  William  and  Mary,  Prince  and 
Princess  of  Orange,  be  and  be  declared  King  and  Queen  of  England, 
France^  and  Ireland,  and  the  dominions  thereunto  belonging.- 

Upon  which  their  said  Majesties  did  accept  the  Crown  and  royal 
dignity  of  the  Kingdoms  of  England,  France,  and  Ireland,  and  the 
dominions  thereunto  belonging,  according  to  the  resolution  and  de- 
sire of  the  said  Lords  and  Commons  contained  in  the  said  declara- 
tion. And  thereupon  their  Majesties  were  pleased  that  the  said 
Lords  Spiritual  and  Temporal,  and  Commons,  being  the  two  houses 
of  Parliament,  should  continue  to  sit,  and  with  their  Majesties'  royal 
concurrence  make  effectual  provision  for  the  settlement  of  the  re- 
ligion, laws  and  liberties  of  this  Kingdom,  so  that  the  same  for  the 
future  might  not  be  in  danger  again  of  being  subverted;  to  which 
the  said  Lords  Spiritual  and  Temporal,  and  Commons,  did  agree 
and  proceed  to  act  accordingly.  Now  in  pursuance  of  the  premises, 
the  said  Lords  Spiritual  and  Temporal,  and  Commons,  in  Parlia- 
ment assembled,  for  the  ratifying,  confirming  and  establishing  the 
said  declaration,  and  the  articles,  clauses,  matters  and  things  therein 
contained,  by  the  force  of  a  law  made  in  due  form  by  authority  of 
Parliament,  do  pray  that  it  may  be  declared  and  enacted  that  all  and 
singular  the  rights  and  liberties  asserted  and  claimed  in  the  said 
declaration,  are  the  true,  ancient  and  indubitable  rights  and  liber- 
ties of  the  people  of  this  Kingdom,  and  so  shall  be  esteemed,  allowed, 
adjudged,  deemed  and  taken  to  be,  and  that  all  and  every  the  par- 
ticulars aforesaid  shall  be  firmly  and  strictly  holden  and  observed, 
as  they  are  expressed  in  the  said  declaration;  and  all  officers  and 
ministers  whatsoever  shall  serve  their  Majesties  and  their  successors 
according  to  the  same  in  all  times  to  come.^  All  which  their  Majes- 
ties are  contented  and  pleased  shall  be  declared,  enacted  and  estab- 
lished by  authority  of  this  present  Parliament,  and  shall  stand, 
remain  and  be  the  law  of  this  realm  forever;  and  the  same  are  by 
their  said  Majesties,  by  and  with  the  advice  and  consent  of  the  Lords 
Spiritual  and  Temporal,  and  Commons,  in  Parliament  assembled, 

^  The  title  of  King  of  France  was  borne  by  the  King  of  England  up  to  1801. 

2  Here  follow  provisions  governing  the  order  of  succession  to  the  throne,  the  sup- 
pression of  the  former  oaths  of  allegiance  and  supremacy  and  the  creation  of  two  new 
formulas  of  oaths  (now  virtually  repealed)  intended  to  replace  them. 

^  Here  follow  provisions  (now  merely  matters  of  historical  interest)  concerning 
the  recognition  of  the  legitimate  rights  of  William  and  Mary  to  the  Crown  of  England, 
the  establishment  of  the  order  of  succession  to  the  throne,  the  eventual  exclusion  from 
the  throne  of  all  the  members  of  the  royal  family  who  might  profess  the  "  Popish " 
religion  or  whose  spouse  might  profess  this  religion,  the  obligation  imposed  upon  every- 
one called  to  succession  to  the  throne  to  repeat  audibly  on  the  day  of  coronation  the 
declaration  mentioned  in  .SO  Charles  II,  entitled  "An  Act  for  the  more  effectual  preserving^ 
the  King's  person  and  government,  by  disabling  Papists  from  sitting  in  either  House  of 
Parliament." 


GREAT  BRITAIN   AND  IRELAND.  259 

and  by  the  authority  of  the  same,  declared,  enacted  or  established 
accordingly. 

Art.  2.  And  from  and  after  this  present  session  of  Parliament,  no 
dispensation  by  non  obstante  of  or  to  any  statute,  or  any  part  thereof, 
shall  be  allowed,  but  the  same  shall  be  held  void  and  of  no  effect,  ex- 
cept a  dispensation  be  allowed  of  in  such  statute,  and  except  in  such 
cases  as  shall  be  specially  provided  for  by  one  or  more  bill  or  bills 
to  be  passed  during  this  present  session  of  Parliament. 

Art.  3.^ 

ACT  OF  SETTLEMENT  OF  12  JUNE  1701. ^ 

Article  1.^ 

Art.  2.* 

Art.  3.  And  w^hereas  it  is  requisite  and  necessary  that  some  further 
provision  be  made  for  securing  our  religion,  laws  and  liberties,  from 
and  after  the  death  of  his  Majesty  and  the  Princess  Anne  of  Den- 
mark, and  in  default  of  issue  of  the  body  of  the  said  princess  and  of 
his  Majesty  respectively;  be  it  enacted  by  the  King's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords  Spiritual 
and  Temporal  and  Commons  in  Parliament  assembled,  and  by  the 
authority  of  the  same : 

That  whosoever  shall  hereafter  come  to  the  possession  of  this  crown 
shall  join  in  communion  with  the  Church  of  England  as  by  law  es- 
tablished. 

That  in  case  the  crown  and  imperial  dignity  of  this  realm  shall 
hereafter  come  to  any  person,  not  being  a  native  of  this  Kingdom  of 
England,  this  nation  be  not  obliged  to  engage  in  any  war  for  the  de- 
fence of  any  dominions  or  territories  which  do  not  belong  to  the 
Crown  of  England,  without  the  consent  of  Parliament.^ 

That  no  pardon  under  the  Great  Seal  of  England  be  pleadable  to 
an  impeachment  by  the  commons  in  Parliament. 

Art.  4.  And  whereas  the  laws  of  England  are  the  birthright  of 
the  people  thereof,  and  all  the  Kings  and  Queens  who  shall  ascend 
the  throne  of  this  realm  ought  to  administer  the  government  of  the 
same  according  to  the  said  laws,  and  'all  their  officers  and  ministers 

1  Repealed  by  the  Statute  Law  Revision  Act  of  1867  [30  &  31  Victoria,  c.  59]. 

'An  Act  for  the  further  Limitatioii  of  the  Crown  ami  better  securing  the  Rights  and 
Liberties  of  the  Stibject  [12  &  18  William  III,  c.  2].  The  text  given  here  Is  reprinted 
(in  modern  orthography)  from  The  Statutes:  Second  Revised  Edition,  vol.  i  (London, 
;1888),   p.   758-762. 

3  Kstablishment  of  the  eventual  rights  of  I'rincess  Sophia,  electrix  of  Hanover,  to  suc- 
ceed to  the  crown  of  England,  in  default  of  Princess  Anne  of  Denmark  and  her  line. 

*  Exclusion  of  those  who  profess  the  "  I'opish  "  religion  from  eligibility  to  succeed  to 
the  throne. 

^  Here  follow  four  paragraphs,  subsequently  repealed. 


260  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

ought  to  serve  thein  respectively  according  to  the  same;  the  said 
Lords  Spiritual  and  Temporal  and  Commons  do  therefore  further 
humbly  pray  that  all  the  laws  and  statutes  of  this  realm  for  securing  the 
established  religion  and  the  rights  and  liberties  of  the  people  thereof 
and  all  other  laws  and  statutes  of  the  same  now  in  force  may  be  rati- 
fied and  confirmed,  and  the  same  are  by  his  Majesty,  by  and  with 
the  ad,vice  and  consent  of  the  said  Lords  Spiritual  and  Temporal  and 
Commons,  and  by  authority  of  the  same,  ratified  and  confirmed  ac- 
cordingly. 


GREECE. 

After  a  long  period  of  Turkish  domination  and  a  few  stormy 
years  as  a  republi(?,  Greece  was  recognized  as  an  independent  mon- 
archy on  22  eTanuary/3  February  1830  by  the  Conference  of  Lon- 
don.^ By  the  Treaty  of  London  of  25  April/7  May  1832,^  the  new^ 
monarchy  accepted  Prince  Otto  of  Bavaria  as  King.  The  latter 
rnled  without  a  Constitution  for  eleven  years,  the  first  six  of  which 
were  under  a  regency,  but  a  military  revolution  (3/15  September 
1843)  caused  him  to  convene  a  constituent  Assembly  at  Athens, 
which  eventually  (4/16  March  1844)  adopted  a  Constitution  ^  mod- 
eled after  the  French  Charter  of  14  August  1830  *  and  the  Belgian 
Constitution  of  7  February  1831  ^  and  admitting  the  system  of  bi- 
cameral assembly.  The  King  took  the  oath  to  this  Constitution  on 
18/30  March. 

The  revolution  of  10/22  October  1862,  wdiich  overthrew  King  Otto, 
brought  George  of  Denmark  to  the  throne  on  6  June  1863.  The  fol- 
lowing year  a  general  revision  of  the  Constitution  was  made  (29 
October)  by  the  National  Assembly  which  had  chosen  the  new  King. 
The  latter  took  the  oath  to  this  Constitution  on  16/28  November 
1864.^  The  Senate  w-as  abolished  and  the  legislative  power  entrusted 
(Article  22)  to  the  King  and  a  single  house.  A  law  of  25  Novem- 
ber/7 December  1865  abrogated  Articles  83-86  concerning  the  Coun- 
cil of  State. 

In  1911  the  Constitution  was  modified  and  a  substitute  for  a  sec- 
ond chamber  was  adopted  in  the  reestablishment  of  the  Council  of 
State.  This  Constitution  came  into  force  1/14  June  1911.  From 
present  indications,  it  is  probable  that  the  Constitution  will  be  re- 
vised again  in  the  near  future.'' 

1  French  text  in  British  and  Foreign  State  Papers,  17  :  pp.  191-105. 

*  French  and  English  texts  in  parallel  columns  in  British  and  Foreign  State  Papers, 
19  :  pp.  33-41 ;  English  text  in  Hertslet,  Map  of  Europe  hy  Treaty,  vol.  i  (London, 
1875),   pp.   893-899. 

3  French  text  in  British  and  Foreign  State  Papers,  32  :  pp.  989-1000. 

*  French  text  in  British  and  Foreign  State  Papers,  17  :  pp.  1013-1018. 
s  French  text  in  British  and  Foreign  State  Papers,  18:  pp.  1052-1065. 

8  French  translation  in  British  and  Foreign  State  Papers,  56  :  pp.  572-584,  and  F.  R. 
Daue.ste  et  p.  Daueste,  Les  Constitutions  modcmes  (3d  edition,  Paris,  1910),  vol.  ii, 
pp.  301-317 ;  and  German  translation  In  Paul  Poskneb,  Die  Staatsvcrfaasungen  dca 
ErdhaUs    (Charlottenburg,    1900),   pp.    589-599. 

T  These  introductory  paragraphs  are  based  upon  Darestb,  op.  cit.,  pp.  299-300,  and 
PosENER,  op.  cit.,  pp.  587-589.     Cf.  also  The  Statesman's  Yearbook  (1917  and  1918). 

261 


262  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

CONSTITUTION  OF  1/14  JUNE  1911.^ 

[Preamble.] 

In  the  Name  of  the  Holy,  Consubstantial  and  Indivisible  Trinity, 
the  Second  National  Assembly  of  the  Greeks  in  Athens  decrees : 

Religion. 

Article  1.  The  Established  Religion  in  Greece  is  that  of  the  East- 
ern Orthodox  Church  of  Christ.  Every  other  known  religion  is 
tolerated  and  the  forms  of  its  worship  are  carried  out  without  hin- 
drance under  the  protection  of  the  laws,  proselytism  and  all  other 
interference  with  the  established  religion  being  prohibited. 

Art.  2.  The  Orthodox  Church  of  Greece,  acknowledging  for  its 
Head  our  Lord  Jesus  Christ,  is  indissolubly  united  in  doctrine  with 
the  Great  Church  in  Constantinople  ajid  with  every  other  Church  of 
Christ  holding  the  same  doctrine,  steadfastly  observing,  as  they  do, 
the  holy  apostolic  and  synodal  canons  and  holy  traditions;  it  is 
autocephalous,  exercising  its  sovereign  rights  independently  of  every 
other  Church,  and  it  is  administered  by  a  Holy  Synod  of  Bishops. 
The  ministers  of  all  recognized  religions  are  subjected  to  the  same 
superintendence  on  the  part  of  the  State  as  the  ministers  of  the 
established  religion. 

The  text  of  the  Holy  Scriptures  is  maintained  unchanged;  the 
rendering  thereof  in  another  form  of  language  without  the  previous 
sanction  of  the  Great  Church  of  Christ  in  Constantinople  also  is 
absolutely  prohibited. 

The  Public  Rights  of  the  Greeks. 

Art.  3,  The  Greeks  are  equal  in  the  eye  of  the  law  and  contribute 
without  distinction  to  the  public  burdens  according  to  their  ability ; 
and  only  Greek  citizens  are  admissible  to  all  public  employments, 
saving  the  special  exceptions  introduced  by  special  laws.  Citizens 
are  those  who  have  acquired  or  shall  acquire  the  qualifications  of 
citizenship  in  accordance  with  the  laws  of  the  State.  Titles  of  no- 
l)ility  or  distinction  are  neither  conferred  on  Greek  citizens  nor 
recognized  by  them. 

Art.  4.  Personal  liberty  is  inviolable;  no  man  may  be  prosecuted, 
arrested,  imprisoned  or  otherwise  confined,  except  when  and  as  the 
law  provides. 

1  Translation  taken  from  a  manuscript  belonging  to  the  U.  S.  Department  of  State, 
English  translation  also  in  the  British  and  Foreign  State  Papers,  108  :  pp.  482-497. 


UltKKCE.  263 

Art.  5.  Except  when  taken  in  the  act,  no  man  may  be  arrested 
or  imprisoned  ^Yithout  a  judicial  warrant  statinjj^  the  reason,  which 
must  be  served  at  the  moment  of  arrest  or  detention.  He  who  is 
detained  on  boin<2:  taken  in  the  act  or  on  a  warrant  of  arrest  must 
be  brought  without  delay  before  the  competent  examining  judge 
within  24  hours  of  his  arrest  at  the  latest,  or,  if  the  arrest  occurred 
beyond  the  limits  of  the  district  of  the  examining  judge,  within  the 
time  absolutely  necessary  for  his  conveyance.  The  examining  judge 
must,  within  at  the  most  three  days  of  his  appearance,  either  re- 
lease the  person  arrested  or  deliver  a  warrant  for  his  imprisonment. 
In  the  event  of  either  of  these  terms  having  passed  without  such 
action,  every  jailer  or  other  person,  civil  or  military,  charged  with 
the  detention  of  the  arrested  person,  must  release  him  instantly. 
Those  who  violate  the  above  provisions  are  punished  for  illegal  de- 
tention and  are  .obliged  to  make  good  any  loss  sustained  by  the  in- 
jured party  and  further  to  indemnify  him  in  a  sum  of  money  fixed 
at  the  discretion  of  the  judge  but  never  less  than  ten  drachmas  per 
diem. 

Art.  6.  In  case  of  political  offenses,  the  Council  of  the  Judges  of 
the  Court  of  Misdemeanors  can  always,  on  demand  of  the  person 
detained,  allow  his  release  under  bail  fixed  by  a  judicial  order, 
against  which  an  appeal  is  allowed.  In  case  of  these  offenses,  pre- 
liminary detention  can  never  be  prolonged  beyond  three  months.     * 

Art.  7.  No  punishment  may  be  inflicted  unless  previously  fixed  by 
law. 

Art.  8.  Xo  one  may  be  withdraAvn  without  his  consent  from  the 
[jurisdiction  of  the]  judge  assigned  to  him  by  law. 

Art.  9.  Each  individual  or  many  together  possess  the  right,  on 
conforming  with  the  laws  of  the  realm,  to  address  petitions  in 
writing  to  the  public  authorities,  who  are  bound  to  take  prompt 
action  and  to  furnish  the  petitioner  with  an  answer  in  writing,  in 
accordance  with  the  provisions  of  the  law.  Only  after  the  final 
decision  of  the  authority  to  whom  the  petition  was  addressed,  and 
by  leave  of  that  authority,  may  inquiry  be  made  as  to  responsibility 
on  the  part  of  the  petitioner  for  offenses  contained  in  the  petition. 

Art.  10.  The  Greeks  have  the  right  to  meet  quietly  and  unarmed ; 
only  at  public  assemblages  the  police  may  be  present.  Assemblages 
in  the  open  air  may  be  prohibited,  if  danger  to  public  security  is 
imminent  from  them. 

Art.  11.  The  Greeks  possess  the  right  of  association,  conforming 
w^ith  the  laws  of  the  State,  and  in  no  case  can  the  laws  subject  this 
right  to  previous  permission  on  the  part  of  the  government. 

An  association  can  not  be  dissolved  for  infraction  of  the  provisions 
of  the  law  except  by  a  judicial  decision. 


264  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  12.  The  dwelling  is  inviolable.  Domiciliary  visits  can  only 
be  made  when  and  as  the  law  directs. 

Offenders  against  these  provisions  are  punished  for  abuse  of  au- 
thority and  are  bound  fully  to  indemnify  the  injured  party  and 
further  to  compensate  him  in  a  sum  of  money  fixed  at  the  discretion 
of  the  Law^  Court  but  never  less  than  one  hundred  drachmas. 

Apt.  13.  In  Greece  human  beings  may  neither  be  bought  nor  sold ; 
a  slave,  purchased  or  otherwise,  of  every  race  and  religion,  is  free 
from  the  time  he  sets  foot  on  Greek  soil. 

Art.  14.  Everyone  may  publish  his  opinions  by  speech,  by  Avriting 
or  by  printing,  observing  the  laws  of  the  realm.  The  press  is  free. 
Censorship  and  every  other  preventive  measure  is  prohibited.  The 
seizure  of  newspapers  and  other  printed  treatises  whether  before  or 
after  publication  is  likewise  prohibited.  Exceptionally  seizure  after 
publication  is  permitted  on  account  of  insult  to  the  Christian  re- 
ligion or  to  the  person  of  the  King,  or,  in  cases  determined  by  law, 
on  account  of  indecent  publications  manifestly  offending  public 
decency ;  but  in  such  case,  within  24  hours,  after  the  seizure,  both  the 
public  prosecutor  must  submit  the  case  to  the  Judicial  Council  and 
the  Council  must  decide  whether  the  seizure  is  to  be  maintained  or 
withdrawn;  otherwise  the  seizure  is  de  '^wre  raised.  Appeal  is  al- 
lowed against  the  order  only  to  the  publisher  of  the  article  seized  and 
'not  to  the  public  prosecutor. 

The  publication  of  news  or  communications  relating  to  military 
movements  or  to  the  fortifications  of  the  country  may  be  prohibited 
in  such  manner  as  the  law  shall  direct,  under  threat  of  seizure  and 
criminal  prosecution.  In  case  of  seizure  the  provisions  above  stipu- 
lated are  applied. 

Both  the  publisher  of  a  new^spaper  and  the  author  of  a  reprehensi- 
ble publication  relating  to  private  life,  in  addition  to  the  penalty  im- 
posed according  to  the  terms  of  the  criminal  law,  are  civilly  and 
conjointly  liable  fully  to  redress  any  loss  occasioned  and  to  indem- 
nify the  injured  party  in  a  sum  of  money  fixed  at  the  discretion  of 
the  judge  but  never  less  than  200  drachmas. 

Only  Greek  citizens  are  allowed  to  publish  newspapers. 

Art.  15.  No  oath  may  be  imposed  except  in  the  form  provided  by 
law. 

Art.  16.  Education,  which  is  under  the  supreme  supervision  of  the 
State,  is  conducted  at  the  State  expense. 

Elementary  education  is  obligatory  for  all,  and  is  given  free  by 
the  State. 

Private  persons  and  corporations  are  allowed  to  establish  private 
schools  conducted  in  accordance  with  the  Constitution  and  the  laws 
of  the  realm. 


GREECE.  265 

Art.  17.  No  one  may  be  deprived  of  his  property  except  for  the 
public  benefit  duly  proven,  when  and  as  the  law  directs  and  always 
after  indemnification.  The  indemnification  is  always  fixed  through 
the  judicial  channel.  In  case  of  urgency  it  may  be  provisionally  fixed 
judicially  after  the  beneficiary  has  been  heard  or  summoned  and  the 
beneficiary  may  be  obliged,  at  the  discretion  of  the  judge,  to  give  a 
proportionate,  guarantee  in  the  manner  defined  by  law.  Until  the 
final  or  provisional  indemnification  fixed  is  paid,  all  the  rights  of 
the  proprietor  are  maintained  intact,  dispossession  not  being  per- 
mitted. 

Special  laws  settle  the  details  respecting  the  proprietorship  and 
disposal  of  mines,  quarries,  archaeological  treasures,  and  mineral 
and  running  waters. 

Art.  18.  Torture  and  general  confiscation  are  prohibited.  Civil 
death  is  abolished.  The  penalty  of  death  for  political  offenses,  ex- 
cept when  complicated  by  other  crimes,  is  abolished. 

Art.  19.  No  previous  permission  of  the  administrative  authority  is 
required  to  prosecute  public  or  municipal  officials  for  their  punish- 
able acts  connected  with  their  service,  except  in  the  case  of  ministers 
for  which  special  provisions  are  laid  down. 

Art.  20.  The  secrecy  of  letters  is  absolutely  inviolable. 

The  Form  of  Government. 

Art.  21.  All  powers  have  their  source  in  the  nation  and  are  exer- 
cised in  the  manner  appointed  by  the  Constitution. 

Art.  22.  The  legislative  power  is  exercised  by  the  King  and  the 
House  of  Kepresentatives. 

Art.  23.  The  right  of  proposing  laws  belongs  to  the  House  of  Rep- 
resentatives and  the  King,  who  exercises  it  through  the  ministers. 

Art.  24.  No  proposal  regarding  an  increase  of  the  budgetary  ex- 
penditure by  salary  or  pension,  or  in  general  for  the  advantage  of  a 
person,  may  originate  from  the  House  of  Representatives. 

Art.  25.  A  project  of  law  rejected  by  either  of  the  two  Estates  pos- 
sessing the  legislative  power  may  not  be  again  introduced  in  the  same 
parliamentary  session. 

Art.  26.  The  authentic  interpretation  of  the  laws  rests  with  the 
legislative  power. 

Art.  27.  The  executive  power  belongs  to  the  King,  and  is  exercised 
by  the  responsible  ministers  appointed  by  him. 

Art.  28.  The  judicial  power  is  exercised  by  the  courts  of  law, 
and  judicial  decisions  are  executed  in  the  King's  name. 
88381—19 18 


266  CON^STITUTIONS   OF   THE   STATES   AT  WAR. 

The  King. 

Art.  29.  The  person  of  the  King  is  irresponsible  and  inviolable; 
his  ministers  are  responsible. 

Art.  30.  No  act  of  the  King  is  valid,  nor  is  it  executed,  if  it  be 
not  countersigned  by  the  competent  minister,  who  is  rendered  re- 
sponsible by  his  signature  alone ;  in  case  of  a  change  of  the  whole 
Ministry,  if  no  one  of  the  retiring  ministers  consent  to  counter- 
sign the  decree  dismissing  the  old  and  appointing  the  new  Ministry, 
these  are  signed  by  the  president  of  the  new  Ministry  after  taking 
the  oath  on  appointment  by  the  King. 

Art.  31.  The  King  appoints  and  dismisses  his  ministers. 

Art.  32.  The  King  is  the  highest  authority  of  the  State.  He  com- 
mands the  land  and  sea  forces,  declares  war,  concludes  treaties  of 
peace,  alliance  and  commerce,  and  communicates  them  to  the  House 
of  Representatives  with  the  necessary  explanations  as  soon  as  the 
interest  and  the  security  of  the  State  allow  it.  Nevertheless  treaties 
of  commerce  and  any  others  granting  concessions  concerning  which 
according  to  other  provisions  of  the  present  Constitution  nothing  can 
be  determined  without  a  law,  or  which  lay  a  burden  upon  Greeks  per- 
sonally are  not  valid  without  the  consent  of  the  House  of  Representa- 
tives. 

Art.  33.  No  cession  or  exchange  of  territory  can  take  place  with- 
out a  law.  The  secret  articles  of  a  treaty  can  never  subvert  the  open 
articles. 

Art.  34.  The  King  confers  military  and  naval  rank  in  accordance 
v/ith  the  law ;  he  appoints  and  dismisses  public  officials  also  according 
to  the  law,  saving  the  exceptions  determined  by  law,  but  he  can  not 
appoint  an  official  to  an  office  not  [already]   established  by  law. 

Art.  35.  The  King  issues  the  necessary  decrees  for  the  execution 
of  the  laws ;  but  he  can  never  delay  the  operation,  nor  except  any  one 
from  the  execution  of  the  law. 

Art.  36.  The  King  sanctions  and  publishes  the  laws  voted  by  the 
House  of  Representatives.  A  law  not  published  within  two  months 
of  the  conclusion  of  the  session  is  null. 

Art.  37.  The  King  convokes  the  House  of  Representatives  in  ordi- 
nary session  once  a  year,  and  in  extraordinary  session  as  often  as  he 
deems  expedient ;  he  opens  and  closes  each  session  either  in  person  or 
by  deputy,  and  he  has  the  right  of  dissolving  the  House  of  Represen- 
tatives, but  the  decree  of  dissolution,  countersigned  by  the  Ministry, 
must  at  the  same  time  include  the  convocation  of  the  electors  within 
45  days  and  of  the  House  of  Representatives  within  three  months. 

Art.  38.  The  King  has  the  right,  once  only,  to  suspend  the  labors 
of  a  legislative  session,  either  by  postponing  the  opening  or  by  inter- 
rupting the  continuance  of  those  labors. 


GREECE.  267 

The  suspension  can  not  exceed  30  days,  nor  can  it  be  renewed  dur- 
ing the  session  without  the  consent  of  the  House. 

Art.  39.  The  King  has  the  right  to  pardon,  commute  and  diminish 
the  punishments  awarded  by  the  courts  of  law,  saving  in  the  case  of 
the  provisions  concerning  ministers;  he  has  moreover  the  right  to 
grant  amnesty  only  in  the  case  of  political  crimes  under  the  respon- 
sibility of  the  Ministry. 

Art.  40.  The  King  has  the  right  to  confer  the  established  decora- 
tions in  accordance  with  the  provisions  of  the  laW  relative  to  this 
subject. 

Art.  41.  The  King  has  the  right  to  coin  money  according  to  law. 

Art.  42.  The  Eoyal  Civil  List  is  fixed  by  law;  the  annual  Civil 
List  of  King  George  I,  in  which  is  included  the  sum  voted  by  the  late 
Ionian  Parliament,  is  fixed  at  1,125,000  drachmas.  This  amount  may 
be  increased  after  ten  years  by  a  law.^ 

Art.  43.  King  George  after  signing  the  present  Constitution  will 
take  the  following  oath  before  the  present  National  Assembly : 

I  swear  in  the  name  of  the  Holy,  Cousnbstantial  and  Indivisible  Trinity  to 
defend  the  established  religion  of  the  Greeks,  to  guard  the  Constitution  and  the 
laws  of  the  Greek  nation,  and  to  preserve  and  protect  the  national  independence 
and  integrity  of  the  Greek  State. 

Art.  44.  The  King  has  no  other  powers  than  those  expressly  as- 
signed to  him  by  the  Constitution  and  the  special  laws  consistent 
with  it. 

Succession  and  Regency. 

Art.  45.  The  Greek  Crown  and  its  constitutional  rights  are  heredi- 
tary, and  pass  to  the  legitimate  and  lawful  descendants  of  King 
George  I  in  direct  line  by  order  of  primogeniture,  preference  being 
given  to  the  males. 

Art.  46.  If  no  successor  exist  in  accordance  with  the  above  stipu- 
ations,  the  King  appoints  one  with  the  consent  of  the  House  of  Rep- 
resentatives, convoked  for  the  purpose,  [and  deciding]  by  the  vote 
)f  two  thirds  of  the  total  number  of  representatives  and  by  open 
/oting. 

Art.  47.  Every  successor  to  the  Greek  throne  must  profess  the  re- 
igion  of  the  Eastern  Orthodox  Church  of  Christ. 

Art.  48.  The  crowns  of  Greece  and  of  any  other  State  whatever 
!an  never  be  united  on  the  same  head. 

Art.  49.  The  King  attains  his  majority  on  completing  the  eight- 
enth  year  of  his  age.  Before  ascending  the  throne  he  takes  the 
»ath  comprised  in  Article  43  in  the  presence  of  the  ministers,  of  the 
loly  Synod,  of  the  representatives  [present]  in  the  capital  and  of 

^  This  amount  was  Increased  about  two  years  later  to  2,000,000  drachmas. 


268  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

the  other  higher  authorities.  The  King,  convokes  the  House  of  Repre- 
sentatives within  two  months  at  the  most,  and  repeats  the  oath  be- 
fore the  representatives. 

Art.  50.  In  case  of  the  King's  death,  if  the  successor  be  a  minor 
or  absent,  and  there  be  no  Regent  already  appointed,  the  House  of 
Representatives,  even  if  its  term  have  expired  or  it  have  been  dis- 
solved, assembles  without  summons  on  the  tenth  day  at  latest  after 
the  King's  death.  The  royal  constitutional  power  is  exercised  by 
the  Ministerial  Council  under  in  its  own  responsibility  until  the 
Regent  have  talien  the  oath  or  the  successor  have  arrived.  A  special 
law  will  regulate  the  details  concerning  the  Regency. 

Art.  51.  If,  when  the  King  dies,  his  successor  be  a  minor,  the 
House  of  Representatives,  even  if  its  terms  have  expired  or  it  have 
been  dissolved,  assembles  to  choose  a  guardian ;  but  a  guardian  is  only 
chosen  when  none  such  is  named  in  the  will  of  the  deceased  King,  or 
when  the  infant  successor  has  not  a  mother  remaining  in  her  widow- 
hood, who  is  then  called  as  of  right  to  the  guardianship  of  her  child. 
The  guardians  of  the  infant  King,  whether  appointed  by  will  or 
chosen  by  the  House  of  Representatives,  must  be  a  Greek  citizen  of 
the  Eastern  faith. 

Art.  52.  In  case  of  a  vacancy  of  the  throne  the  House  of  Repre- 
sentatives, even  if  its  term  have  expired  or  it  have  been  dissolved, 
provisionally  elects  a  Greek  citizen  of  the  Eastern  faith  as  Regent, 
and  the  Ministerial  Council  exercises  under  its  own  responsibility  the 
royal  constitutional  power  in  the  name  of  the  nation  until  the 
Regent  have  taken  the  oath ;  within  two  months  at  the  latest  repre- 
sentatives equal  in  number  to  the  members  of  the  House  are  elected 
by  the  citizens,  and  these,  meeting  in  one  body  with  the  House  of 
Representatives,  choose  a  King  by  a  majority  of  two  thirds  of  the 
whole  number  and  by  open  voting. 

Art.  53.  If  the  King  owing  to  sickness  deem  necessary  the  estab- 
lishment of  a  Regency,  he  convokes  the  House  with  this  object 
and  invites  through  the  Ministry  [the  passing  of]  a  special  law  to 
this  effect.  If  the  King  is  not  in  a  state  to  reign,  the  Ministerial 
Council  convokes  the  House  of  Representatives,  and  the  House  when 
it  meets,  if  it  recognizes  the  necessity  by  a  majority  of  three  fourths 
of  the  votes,  chooses  a  Regent  and,  if  necessary,  a  guardian,  by  open 
voting. 

A  special  law  will  settle  the  details  concerning  a  Regency  in  ca 
of  the  absence  of  the  King  from  the  Kingdom. 


The  House  of  Representatives. 


Art.  54.  The  House   of  Representatives   assembles   annually  by 
inherent  right  on  the  1st  of  October  [old  style]  in  regular  session  foi 


GREECE.  269 

the  business  of  the  year  unless  the  King  convoke  it  for  this  business 
earlier  in  conformity  with  Article  37. 

The  duration  of  each  regular  session  may  not  be  less  than  three 
months,  in  which  the  period  of  suspension  according  to  Article  38 
is  not  computed. 

Art.  55.  The  House  of  Representatives  sits  in  public  in  the  Par- 
liament House,  but  may  debate  with  closed  doors  on  the  demand  of 
the  members  if  it  be  so  decided  in  secret  sitting  by  a  majority,  and 
afterwards  it  decides  whether  the  debate  on  the  same  subject  ought 
to  be  resumed  in  public  sitting. 

Art.  56.  The  House  of  Representatives  can  not  debate  without 
the  presence  of  at  least  one  third  of  the  total  number  of  its  members, 
nor  can  it  take  any  decision  without  an  absolute  majority  of  the  mem- 
bers present,  which  majority  can  in  no  case  be  less  than  four  fifths 
of  the  minimum  number  of  the  quorum. 

In  case  of  an  equality  of  votes,  the  motion  is  rejected. 

Art.  57.  No  project  of  law  is  adopted  unless  it  have  been  dis- 
cussed and  voted  by  the  House  of  Representatives,  once  in  principle 
and  twice  article  by  article  and  as  a  whole,  on  three  different  days. 

After  the  vote  in  principle,  the  project  under  discussion  is  sent  to 
a  committee  of  the  House,  if  it  has  not  been  previously  so  sent  or  if 
it  has  not  been  elaborated  by  the  Council  of  State ;  and  after  it  has 
been  revised  by  the  committee,  or  the  period  fixed  for  that  purpose 
has  expired,  the  debate  article  by  article  follows  in  different  sittings 
not  less  than  two  days  apart  from  each  other.  But  in  exceptional 
circumstances  the  House  may,  declaring  the  project  urgent,  abstain 
from  sending  it  to  a  committee  and  may  reduce  to  one  day  the 
interval  between  the  two  discussions  article  by  article. 

If  amendments  are  admitted  at  the  time  of  the  last  discussion,  the 
vote  of  the  project  as  a  whole  is  postponed  until  what  has  been  voted 
has  been  printed  and  distributed  as  amended. 

The  voting  of  judicial  codes  previously  prepared  by  special  com- 
mittees constituted  by  special  laws  may  take  place  by  means  of  a 
particular  law  sanctioning  the  said  codes  as  a  whole.  The  project 
of  such  a  law  may  not  be  declared  urgent. 

The  codification  of  existing  provisions  by  simple  rearrangement, 
or  the  entire  reenactment  of  repealed  laws,  except  laws  relating  to 
taxation  may  be  effected  in  the  same  manner. 

Art.  58.  No  one  without  a  summons  may  present  himself  before 
the  House  of  Representatives  to  make  any  statement  verbally  or  in 
writing,  but  petitions  are  presented  by  a  member  or  deposited  at  the 
office.  The  House  has  the  right  to  send  the  petition  addressed  to  it 
to  the  ministers,  who  are  bound  to  give  explanations  whenever  they 
are  demanded ;  the  House  can  also  appoint  from  among  its  members 
committees  to  examine  the  subjects. 


270  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Art.  59.  No  tax  can  be  imposed  or  collected  without  a  law.  Ex- 
ceptionally, in  the  case  of  imposition  or  increase  of  an  import  duty 
the  collection  of  it  is  permitted  from  the  date  of  the  presentation  to 
the  House  of  the  project  concerning  it,  upon  the  express  condition 
of  the  publication  of  the  law  at  latest  within  ten  days  of  the  close  of 
the  parliamentary  session. 

Art.  60.  In  its  annual  ordinary  session  the  House  of  Eepresenta- 
tives  votes  for  the  ensuing  financial  year  the  strength  of  the  military 
and  naval  forces,  the  conscription  for  the  army  and  navy,  and  the 
budget,  and  decides  concerning  the  final  accounts.  All  the  revenue 
and  expenditure  of  the  State  must  be  shown  in  the  budget  and  in 
the  final  accounts. 

The  budget  is  brought  into  the  House  within  the  first  two  months 
of  the  session,  and  after  being  examined  by  a  special  committee  of 
members,  it  is  voted  in  one  reading  chapter  by  chapter  and  article  by 
article,  in  sections  to  be  settled  in  the  regulations  of  tlie  House,  and 
on  four  different  days,  but  a  division  by  roll  call  is  to  be  taken  on 
the  total  estimates  of  each  ministry. 

The  final  account  of  the  last  financial  year  is  brought  into  the 
House  within  a  year  at  latest  after  its  close.  It  is  examined  by  a 
special  committee  of  members,  and  is  voted  by  the  House  in  the  man- 
ner to  be  settled  in  its  regulations. 

Art.  61.  No  salary,  pension,  allowance  or  remuneration  is  in- 
scribed in  the  budget  of  the  State,  or  is  granted,  without  an  organic 
or  other  special  law. 

Art.  62.  A  representative  can  not  be  prosecuted,  nor  in  any  way 
questioned  on  account  of  an  opinion  or  vote  given  by  him  in  the 
exercise  of  his  duty  as  a  representative. 

Art.  63.  During  the  parliamentary  session  a  representative  can 
not  be  prosecuted,  arrested  or  imprisoned  without  the  leave  of  the 
body;  such  leave  is  not  required  in  case  of  discovery  in  ftagrante 
delicto.  Personal  detention  can  not  be  exercised  against  a  repre- 
sentative during  the  parliamentary  session,  four  weeks  before  its  be- 
ginning and  three  after  its  termination. 

If  a  representative  chance  to  be  undergoing  personal  detention  he 
is  released  without  four  weeks  before  the  beginning  of  the  session. 

Art.  64.  Before  beginning  their  duties  the  representatives  take  the 
following  oath  in  the  Parliament  House  and  in  public  sittings  : 

I  swear  in  the  name  of  the  Holy,  Consiibstantial  and  Indivisible  Trinity  to 
observe  fidelity  to  the  country  and  to  the  Constitution  and  the  laws  of  the  State, 
and  conscientiously  to  fulfill  my  duties. 

Eepresentatives  belonging  to  other  religions,  instead  of  the  invoca- 
tion "in  the  name  of  the  Holy,  Consubstantial  and  Indivisible 
Trinity,"  swear  according  to  the  formula  of  their  own  religion. 


GREECE.  271 

Art.  65.  The  House  of  Representatives  determines  by  its  regula- 
tions the  manner  of  fulfilling  its  duties. 

Art.  66.  The  House  of  Representatives  is  composed  of  representa- 
tives chosen  by  the  citizens  having  the  right  to  elect  by  direct,  uni- 
versal and  secret  suffrage. 

The  parliamentary  elections  are  ordered  and  carried  out  simul- 
taneously throughout  the  realm. 

Art.  67.  The  representatives  represent  the  nation  and  not  only  the 
electoral  district  by  which  they  are  returned. 

Art.  68.  The  number  of  representatives  from  each  electoral  dis- 
trict is  fixed  by  law  in  proportion  to  the  population.  But  the  total 
number  of  representatives  can  never  be  less  than  150. 

Art.  69.  The  representatives  are  elected  for  four  consecutive  years, 
commencing  from  the  date  of  the  general  elections ;  and  at  the  end 
of  the  quadrennial  parliamentary  period  the  holding  of  general  par- 
liamentary elections  is  ordered.  Within  45  days  from  the  holding 
of  these  elections  the  House  of  Representatives  is  obligatorily  sum- 
moned to  an  ordinary  sesion  only  if  the  late  House  have  not  fulfilled, 
for  the  year  in  which  the  elections  were  held,  the  stipulations  of 
Article  60. 

A  representative's  seat  vacated  during  the  last  year  of  the  period 
is  no't  filled,  provided  that  the  number  of  vacancies  do  not  exceed 
one  fourth  of  the  total  number  of  representatives. 

Art.  70.  To  be  elected  representative  it  is  necessary  to  be  a  Greek 
citizen,  to  have  completed  the  25th  year  and  to  be  lawfully  qualified 
to  elect. 

A  representative  who  loses  these  qualifications  is  ipso  facto  de- 
prived of  the  character  of  representative.  Should  doubt  arise  upon 
this  point  the  House  of  Representatives  decides. 

Art.  71.  Salaried  public  servants,  military  men  on  the  active  list, 
mayors,  notaries,  custodians  of  mortgages  and  deeds  of  transfer,  and 
process-servers  can  jiot  be  elected  representatives  unless  they  have 
resigned  their  functions  before  the  day  of  nomination  of  candidates. 

The  duties  of  a  representative  are  incompatible  with  the  business 
of  a  manager  or  other  representative,  director  or  salaried  legal  ad- 
viser or  employee  of  mercantile  societies  or  undertakings  enjoying 
special  privileges  or  a  regular  subvention  in  virtue  of  a  special  law. 

Those  who  belong  to  one  of  those  catagories  must  within  eight 
days  of  the  validation  of  their  election  declare  their  choice  between 
the  position  of  representative  and  their  business  as  above;  in  de- 
fault of  such  declaration  they  ipso  facto  lose  the  position  of  repre- 
sentative. 

The  incompatibility  of  other  business  also  with  the  character  of  a 
representative  may  be  established  by  law. 


272  .coi^stitutio:n's  of  the  states  at  war. 

Art.  72.  Representatives  undertaking  an}-  one  of  the  duties  or 
businesses  referred  to  in  the  preceding  article  ij^so  facto  lose  the 
character  of  a  representative. 

Art.  73.  The  examination  and  the  trial  of  parliamentary  elec- 
tions against  the  validity  of  which  objections  are  raised  refer- 
ring either  to  electoral  irregularities  in  the  course  of  them 
or  to  the  absence  of  qualifications  (in  the  elected  candidate)  are 
referred  to  a  special  tribunal  chosen  by  lot  from  among  all  the 
members  of  the  Areopagus  [Court  of  Cassation]  and  of  the  Courts 
of  Appeal  of  the  realm.  The  drawing  of  lots  is  effected  by  the 
Areopagus  in  public  sitting,  and  the  presidency  of  the  special  tri- 
bunal is  occupied  by  the  member  who  takes  precedence  by  rank  or 
seniority.  The  details  with  regard  to  its  functions  and  to  its  entire 
procedure  will  be  settled  by  a  law. 

Resignation  of  the  representative  character  is  the  right  of  the 
representative. 

Art.  74.  The  House  of  Representatives  elects  from  among  its  mem- 
bers at  the  beginning  of  each  parliamentary  session  its  president,  its 
vice-president  and  its  secretaries. 

Art.  75.  Representatives  resident  at  Athens  and  the  Piraeus  re- 
ceive as  compensation  from  the  public  treasury  at  the  beginning  of 
every  quarter  800  drachmas  [$160]  ;  the  rest  1,000  drachmas  [$200]. 

An  additional  allowance  of  250  drachmas  a  month  is  granted  to  the 
regular  president  of  the  House  of  Representatives  for  contingent  ex- 
penses. 

In  no  circumstances  is  any  other  compensation  granted  to  represen- 
tatives for  the  fulfilment  of  their  duties. 

Art.  76.  In  case  of  absence  of  a  representative  for  more  than  five 
sittings  per  month  without  the  leave  of  the  House,  during  an  ordi- 
nary or  extraordinary  session,  20  drachmas  for  each  sitting  are  re- 
tained out  of  the  above  compensation. 

The  Ministers. 

Art.  77.  No  member  of  the  royal  family  can  be  appointed  min- 
ister. 

Art.  78.  The  ministers  have  free  entrance  to  the  sittings  of  the 
House  of  Representatives,  and  are  listened  to  whenever  they  demanc 
a  hearing;  but  they  only  vote  if  they  are  members.    The  House  ca^ 
require  the  presence  of  ministers. 

Art.  79.  In  iio  case  can  an  order  from  the  King,  whether  writtei 
or  verbal,  release  the  ministers  from  responsibility. 

Art.  80.  The  House  of  Representatives  has  the  right  to  impeacl 
ministers,  in  accordance  with  the  laws  concerning  ministerial  respond 
sibility,  before  the  tribunal  ad  hoc  presided  over  by  the  president  oi 


GREECE.  273 

the  Areopagus  [Court  of  Cassation]  and  composed  of  12  judges 
drawn  b}^  lot  by  the  president  of  the  House  in  public  sitting  from 
among  all  the  members  and  president  of  the  Courts  of  the  Areopagus 
and  of  Appeal  already  appointed  before  the  impeachment,  in  the 
manner  more  specifically  determined  by  the  law. 

Art.  81.  The  King  can  pardon  a  minister,  condemned  according 
to  the  above  provisions,  only  with  the  consent  of  the  House  of  Rep- 
resentatives. 

The  Council  of  State. 

Art.  82.  To  the  province  of  the  Council  of  State  belong  par- 
ticularly : 

1.  The  elaboration  of  projects  of  law  and  of  decrees  containing 
regulations. 

2.  The  decision  of  differences,  concerning  a  contested  adminis- 
trative act,  which  are  submitted  to  it  by  law. 

3.  The  invalidation  on  petition,  for  infringement  of  the  law,  of 
acts  of  the  administrative  authorities,  in  accordance  with  details  more 
particularly  fixed  in  the  law. 

4.  The  supreme  disciplinary  jurisdiction  over  irremovable  ad- 
ministrative officials  according  to  the  laws  dealing  with  that  subject. 

In  cases  provided  for  in  Paragraphs  2,  3  and  4,  Articles  92  and  93 
of  the  Constitution  apply. 

Art.  83.  The  Council  of  Ministers  decides  what  projects  of  law 
shall  be  entrusted  to  the  Council  of  State  for  elaboration  before  they 
are  presented  to  the  House  of  Representatives.  The  House  may  refer 
to  the  Council  of  State  the  projects  submitted  to  it. 

The  budget  is  never  referred  to  the  Council  of  State. 

Art.  84.  Decrees  containing  regulations  are  issued  after  opinion 
given  by  the  Council  of  State,  which  pronounces  within  a  suitable 
period  fixed  by  the  competent  minister ;  should  this  period  pass  with- 
out any  action  being  taken,  the  decree  is  issued  without  [the  Coun- 
cil's] opinion. 

The  opinion  of  the  Council  of  State  is  not  binding  on  the 
minister. 

Art.  85.  The  members  of  the  Council  of  State  are  ordinary  and 
extraordinary.  The  number  of  them  is  fixed  by  law,  but  that  of 
ordinary  members  can  not  be  less  than  7  nor  more  than  15,  nor 
that  of  extraordinary  members  more  than  10.  The  extraordinary 
members  are  chosen  from  among  the  superior  public  servants  of  the 
State  other  than  judicial,  at  an  additional  salary  fixed  by  the  law. 

Art.  86.  The  ordinary  members  of  the  Council  of  State  are  ap- 
pointed by  royal  decree  on  the  proposal  of  the  Ministerial  Council. 
The  term  of  service  is  ten  years,  and  those  who  have  completed  their 


274  COI^STITUTIONS   OF  THE   STATES  AT  WAR. 

service  may  be  reappointed.  But  on  the  first  establishment  of  the 
Comicil  of  State  the  term  of  service,  as  regards  one  third  to  be 
chosen  by  lot,  shall  be  considered  to  be  at  an  end  on  the  comple- 
tion of  the  eighth  year  of  its  activity  as  regards  the  second  third 
on  the  completion  of.  the  tenth,  and  as  regards  the  last  third  on  the 
completion  of  the  twelfth  year. 

The  duties  of  the  ordinary  members  of  the  Council  of  State  are 
incompatible  with  the  duties  of  any  other  public,  communal  or 
ecclesiastical  official  with  the  exception  of  those  of  professor  of  legal 
and  political  sciences  in  the  National  University  and  those  of  min- 
ister; but  the  simultaneous  exercise  of  the  functions  of  minister 
and  councillor  of  State  is  never  permitted. 

A  special  law  shall  regulate  the  qualifications  of  the  ordinary 
members  of  the  Council  of  State,  the  conditions  of  their  retirement 
during  their  term  of  service,  the  details  of  an  auxiliary  staff,  and 
everything  relating  to  the  organization  and  Avorking  of  the  Council 
of  State. 

The  Judicial  Poaver. 

Art.  87.  Justice  is  administered  by  judges  appointed  by  the  King"^ 
according  to  the  law. 

Art.  88.  The  members  of  the  Areopagus  [Court  of  Cassation], 
Courts  of  Appeal  and  Courts  of  First  Instance  are  appointed  for 
life,  and  the  public  prosecutors,  their  substitutes,  justices  of  the 
peace,  special  magistrates,  clerks  and  assistant  clerks  of  the  courts 
and  of  the  public  prosecutors'  offices,  notaries  and  custodians  of 
mortgages  and  deeds  of  transfer  are  irremovable,  so  long  as  their 
respective  service  exist.  Judicial  functionaries  enjoying  life  tenure 
or  irremovability  can  not  be  dismissed  without  a  judicial  sentence 
consequent  either  upon  a  criminal  conviction,  upon  disciplinary 
faults,  or  upon  illness  or  incapacity,  attested  in  such  manner  as  the 
law  shall  direct,  and  the  provisions  of  Articles  92  and  93  being 
observed. 

They  retire  obligatorily  from  the  service  on  the  completion  of  the 
Ijmit  of  age  fixed  by  law,  which  for  the  members  of  the  Areopagus 
can  not  be  higher  than  the  75th  nor  lower  than  the  65th  year,  and 
for  all  other  salaried  judicial  officials  not  higher  than  the  70th  nor 
lower  than  the  60th  year. 

Until  the  passing  of  a  new  special  law  concerning  an  age  limit  all 
the  above  salaried  judicial  officials  retire  on  the  completion  of  their 
65th  year. 

Art.  89.  The  qualifications  of  judicial  officials  in  general  are  fixed! 
by  law. 


GREECE.  275 

Art.  90.  Judicial  officials,  except  assistant  clerks,  appointed  for 
life  or  irremovable  are  placed,  transferred  and  promoted  by  a  Su- 
preme Judicial  Council,  composed  of  members  of  the  Areopagus  in 
such  manner  as  is  directed  by  law. 

Promotion  to  the  posts  of  president,  vice-president  and  public 
prosecutor  of  the  Areopagus  is  not  within  the  province  of  the  Su- 
preme Judicial  Council. 

Art.  91.  Judicial  committees  and  extraordinary  tribunals  under 
whatsoever  name  are  not  allowed  to  be  set  up. 

A  special  law  shall  regulate,  for  the  eventuality  of  a  state  of  ^war 
or  of  a  general  mobilization  on  account  of  external  dangers,  the  de- 
tails of  the  temporary  total  or  partial  suspension  of  Articles  5,  6,  10, 
11,  12,  14,  20  and  95  of  the  Constitution,  of  the  proclamation  of  a 
state  of  siege  and  of  the  establishment  and  working  of  exceptional 
tribunals.  The  said  law  can  not  be  modified  during  the  course  of  the 
labors  of  the  House  of  Kepresentatives  summoned  for  the  purpose 
of  putting  it  into  operation.  It  is  put  into  operation  as  regards  all 
or  some  only  of  its  provisions,  throughout  the  whole  realm  or  part 
of  it,  by  a  royal  decree  issued  with  the  consent  of  the  House  of 
Representatives. 

If  the  House  is  not  in  session  the  law  may  be  put  into  operation 
without  its  consent  by  a  royal  decree  countersigned  by  the  whole 
Ministerial  Council.  By  the  same  royal  decree,  under  penalty  of 
its  invalidity,  the  House  of  Representatives  is  summoned  to  meet 
within  five  days,  even  if  its  term  have  expired  or  if  it  have  been  dis- 
solved, in  order  that  by  an  act  of  its  own  it  may  decide  as  to  the 
maintenance  or  the  withdrawal  of  the  provisions  of  the  royal  de- 
cree. The  parliamentary  immunity  of  Article  63  commences  from 
the  publication  of  the  royal  decree. 

The  application  of  the  above  royal  decree  is  extended,  in  the  case 
of  war,  no  longer  than  the  termination  of  it,  and  in  the  case  of 
mobilization  it  is  automatically  raised  after  two  months  if  in  the 
meantime  its  validity  have  not  been  extended  by  further  consent  of 
the  House  of  Representatives. 

Art.  92.  The  sittings  of  the  courts  of  law  are  public,  except  when 
publicity  would  be  injurious  to  good  morals  or  public  order,  but  then 
the  courts  must  issue  a  decision  to  that  effect. 

Art.  93.  Every  judgment  must  be  specially  reasoned  and  must  be 
pronounced  in  public  sitting. 

Art.  94.  The  jury  system  is  retained. 

Art.  95.  Political  offenses  are  tried  by  juries,  as  well  as  press 
offenses,  when  they  do  not  concern  private  life. 


276      •  CONSTITUTIONS   or  THE   STATES   AT  WAR. 

Art.  96.  A  judge  is  not  allowed  to  accept  additional  salaried  serv- 
ice, except  that  of  professor  in  the  University. 

Art.  97.  The  details  concerning  military  or  naval  courts  martial, 
piracy,  barratry  and  prize  courts  are  regulated  by  special  laws. 

The  Court  or  Accounts. 

Art.  98,  The  members  and  assessors  of  the  Court  of  Accounts  are 
appointed  for  life  and  are  only  dismissed  under  the  conditions  of 
Article  88,  but  they  obligatorily  retire  from  the  service  upon  attaining 
the  age  limit  fixed  by  the  law,  which  can  not  be  higher  than  the  75th 
nor  lower  than  the  65th  year.  The  qualifications  of  the  members 
and  assessors  of  the  Court  of  Accounts  are  fixed  by  law. 

General  Provisions. 

Art.  99.  Without  a  law  foreign  troops  can  not  be  received  into 
the  Greek  service,  nor  remain  in  the  State  nor  pass  through  it. 

Art.  100.  Only  when  and  as  the  law  directs  can  military  and  naval 
men  be  deprived  of  their  rank,  honors  and  pensions. 

Art.  101.  Contested  administrative  cases  continue  to  be  carried  be- 
fore the  ordinary  tribunals,  by  which  they  are  judged  as  urgent,  ex- 
cepting those  questions  for  which  special  laws  set  up  administrative 
tribunals  by  which  the  provisions  of  Articles  92  and  93  are  to  be 
observed.  Pending  the  publication  of  special  laws  the  existing  laws 
concerning  administrative  jurisdiction  remain  in  force. 

Petitions  of  final  appeal  against  the  decisions  of  the  administrative 
tribunals  belong  exclusively  to  the  jurisdiction  of  the  Council  of 
State  from  the  moment  when  it  shall  have  begun  to  perform  its 
functions.  Conflicts  [of  jurisdiction]  between  judicial  and  admin- 
istrative authorities  or  between  the  Council  of  State  and  administra- 
tive authorities  are  judged  by  the  Areopagus,  until  a  special  law  shall 
have  established  to  try  them  a  mixed  tribunal  composed  of  equal 
numbers  of  the  Areopagus  and  ordinary  Councillors  of  State,  under 
the  presidency  of  the  Minister  of  Justice  or  his  substitute  designate( 
by  the  law. 

Art.  102.  The  qualifications  of  administrative  officials  in  gen^ 
eral  are  fixed  by  law. 

When  the  Council  of  State  shall  have  begun  to  perform  its  func^ 
tions,  the  above  officials  are  irremovable  from  the  date  of  theii 
definitive  appointment  so  long  as  their  respective  services  exist' 
except  in  the  cases  of  dismissal  in  virtue  of  a  judicial  decision,  the] 
are  not  transferred  without  an  affirmative  opinion-,  nor  are  they 
discharged  or  degraded  without  a  special  decision  of  a  council  or- 
ganized according  to  law,  and  composed,  as  regards  at  least  two 
thirds  of  its  members,  of  irremovable  officials.     Against  such  de- 


GREECE.  277 

cision  recourse  to  the  Council  of  State  is  pennitted  in  the  manner 
more  particularly  laid  down  in  the  law. 

Exceptions  from  the  qualifications  and  the  irremovability  [of 
public  officials]  may  be  made  in  the  cases  of  envoys  and  diplo- 
matic agents,  consuls  general,  secretaries  general  of  ministries,  pri- 
vate secretaries  to  ministers,  prefects,  the  Royal  Commissioner  to  the 
Holy  Synod,  and  the  Director  General  of  Posts  and  Telegraphs. 

Art.  103.  Charges  of  w^rongful  administration  of  justice  against 
members  of  the  Areopagus,  life  members  of  the  Court  of  Accounts 
and  ordinary  Councillors  of  State  are  tried  before  a  special  tri- 
bunal of  five  members,  composed  in  such  manner  as  the  law  directs 
[of  persons]  chosen  by  lot  from  among  those  three  bodies,  from 
advocates  members  of  the  Supreme  Disciplinary  Council,  and  from 
the  professors  of  the  faculty  of  law  of  the  University,  one  mem- 
ber being  taken  from  each  body. 

Before  this  tribunal  are  also  brought  all  preparatory  proceed- 
ings ;  and  no  other  permission  is  required. 

The  same  tribunal  may  also  be  empowered  by  law  to  try  charges 
of  wrongful  administration  of  justice  against  judges  of  first  in- 
stance, judges  of  appeal  and  public  prosecutors. 

Art.  104.  The  disciplinary  authority  over  the  members  of  the 
Court  of  Accounts,  the  Areopagus,  and  the  Council  of  State  is  also 
exercised  by  a  Council  composed  of  two  members  of  each  of  those 
bodies  and  two  professors  of  the  faculty  of  law  of  the  University^ 
all  chosen  by  lot,  under  the  presidency  of  the  Minister  of  Justice. 

As  occasion  requires,  those  oi  the  members  of  the  Council  are  left 
out  who  belong  to  the  body  upon  whose  proceedings  the  Council  is 
called  upon  to  pronounce,  whether  the  whole  of  it  or  some  only  of 
its  members  are  implicated. 

Art.  105.  The  election  of  the  municipal  authorities  is  effected  by 
universal  suffrage. 

Art.  106.  Every  Greek,  capable  of  bearing  arms,  is  under  obliga- 
tion to  contribute  towards  the  defense  of  the  country  according  to  the 
terms  of  the  laws. 

Art.  107.  The  official  language  of  the  State  is  that  in  which  the 
texts  of  the  Constitution  and  of  the  Greek  legislation  are  drawn  up ; 
any  attempt  to  corrupt  it  is  prohibited. 

Art.  108.  The  revision  of  the  whole  of  the  Constitution  is  not 
permitted. 

Ten  years  after  this  provision  has  taken  effect  a  revision  of  the 
non- fundamental  provisions  of  the  Constitution  is  permitted,  when- 
ever the  House  of  Representatives,  through  two  thirds  of  the  total 
number  of  its  members,  demands  it  by  a  special  act,  particularly 
defining  the  provisions  to  be  revised,  and  voted  on  two  separate 
occasions  distant  not  less  than  one  month  from  one  another. 


278  coi^STiTUTioisrs  or  the  states  at  war. 

The  revision  having  been  decided  on,  the  existing  House  of  Rep- 
resentatives is  ipso  facto  dissolved  and  a  new  one  is  convoked,  which 
during  its  first  session  takes  a  decision  upon  the  articles  to  be  re- 
vised, by  an  absolute  majority  of  the  total  number  of  its  members. 

Art.  109.  All  law^s  and  decrees,  in  so  far  as  they  are  in  contra- 
diction with  the  present  Constitution,  are  repealed. 

Art.  110.  The  present  Constitution  takes  effect  as  soon  as  it  has 
been  signed  by  the  King,  and  the  Ministerial  Council  must  publish 
it  in  the  Official  Gazette  within  24  hours  of  the  signature. 

Any  revision  of  the  non-fundamental  provisions  of  the  Constitu- 
tion which  is  voted,  is  promulgated  and  published  through  the  Of- 
ficial  Gazette  within  ten  days  of  its  being  voted  by  the  House  of 
Representatives,  and  is  put  into  operation  by  a  special  resolution  [of 
the  House]. 

Art.  111.  The  preservation  of  the  present  Constitution  is  com- 
mitted to  the  patriotism  of  the  Greeks. 


GUATEMALA. 

Guatemala  was  one  of  the  five  nations  forming  the  Central  Amer- 
ican Federation,  and  under  the  Federal  Constitution  of  22  November 
1824:^  was  given  a  separate  Constitution.  After  the  dissolution  of 
the  federal  agreement,  Rafael  Carrera  organized  a  separate  govern- 
ment for  the  State  of  Guatemala  and  caused  to  be  sanctioned  by  an 
assembly  in  the  month  of  October,  1851,  a  "  Constitutive  Act  of  the 
Eepublic  of  Guatemala,"  which  was  amended  on  29  January  1885. 
After  the  death  of  Carrera  (14  April  1865)  two  attempts  were  made 
at  constitutional  reform,  but  neither  accomplished  lasting  results. 
The  present  Constitution  dates  from  11  December  1879;  it  was  modi- 
fied in  1885,  1887,  1889,  1893,  1897  and  1903.2 


CONSTITUTION  OF  11  DECEMBER  1879.^      ' 
[Preamble.] 

We,  the  representatives  of  the  sovereign  people  of  Guatemala, 
lawfully  called  together  and  assembled  in  sufficient  number,  do 
hereby  decree  and  sanction  the  fundamental  laws  which,  united  in 
la  single  body,  form  the  following  Constitution  of  the  Republic. 

Title  I. — The  Nation  and  its  Inhabitants. 

Article  1.  Guatemala  is  a  free,  sovereign  and  independent  na- 
tion. The  exercise  of  its  sovereignty  is  delegated  to  the  authorities 
established  by  the  Constitution. 

Art.  2.  Guatemala  shall  maintain  and  cultivate  intimate  family 
md  reciprocal  relations  with  the  other  Republics  of  Central 
America.  And  whenever  the  Central  American  nationality  should 
«)e  again  brought  into  existence  in  a  stable,  just,  popular  and  suitable 
nanner,  the  Republic  of  Guatemala  shall  be  ready  to  become  a  part 
hereof. 

*  English  translation  in  the  British  and  Foreign  State  Papers,  13:  pp.  725-747. 
•This  introductory  paragraph  is  based  upon  F.  R.  Dareste  et  P.  Dareste,  Les  Con- 

\Ututions  modemes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  5G1-562. 

•  Spanish  text  and  English  translation  of  this  Constitution  and  Transitory  Provisions 
1 1  parallel   columns   In  J.    I.   Rodriguez,  American  Constitutions    (Washington,    190C), 

Ol.  I,  pp.  236-258.     English  translation  in  tlie  British  and   Foreign  mtate  Papers,  70: 
I  p.  860-879,  and  78:  pp.  1007-1012,  respectively.     The  translation  given  here  is  based 
)n  the  one  In  Rodriguez. 

279 


280  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  3.  The  supreme  power  of  the  nation  is  republican,  demo- 
cratic and  representative,  and  is  divided,  as  to  its  exercise,  into  the 
legislative,  executive  and  judicial  powers;  it  shall  be  entirely  inde- 
pendent in  the  exercise  of  its  functions. 

Art.  4.  Guatemalans  are  divided  into  native  and  naturalized. 

Art.  5.  The  following  are  native  Guatemalans: 

1.  All  those  born  or  who  may  be  born  hereafter  in  the  territory 
of  the  Republic,  no  matter  what  the  nationality  of  their  fathers  may 
be,  with  the  exception  of  the  children  of  diplomatic  agents. 

2.  Children  of  Guatemalan  fathers  or  illegitimate  children  of 
Guatemalan  mothers  born  in  a  foreign  country,  from  the  moment  in 
which  they  establish  their  residence  in  the  Republic ;  and  even  with- 
out this  condition  when,  according  to  the  laws  of  the  place  of  birth, 
the  nationality  of  Guatemala  corresponds  to  them,  or  when,  having 
the  right  to  choose,  they  adopt  Guatemalan  citizenship. 

Art.  6.  Natives  of  the  other  Central  American  Republics  who  de- 
clare before  competent  authority  their  desire  to  become  Guatemalans, 
shall  be  considered  native  Guatemalans. 

Art.  T.  The  following  are  naturalized  Guatemalans : 

1.  Spanish- Americans  domiciled  in  the  Republic,  if  they  do  not 
desire  to  retain  their  own  nationality. 

2.  All  other  foreigners  who  have  been  naturalized  in  conformity 
with  previous  laws. 

3.  Those  who  obtain  naturalization  papers  according  to  law. 
Art.  8.  The  following  are  citizens: 

1.  Guatemalans  over  21  years  of  age  who  know  how  to  read  and 
write,  or  who  have  an  income,  industry,  trade  or  profession  providing 
them  with  means  of  subsistence. 

2.  All  those  over  18  years  of  age  who  belong  to  the  army. 

3.  All  those  over  18  years  of  age  who  have  received  a  literary 
degree  or  title  in  a  national  establishment. 

Art.  9.  The  rights  inherent  to  citizenship  are : 

1.  The  electoral  right. 

2.  The  right  to  aspire  to  public  office  when  the  law  requires  cit: 
zenship  as  a  qualification  therefor. 

Art.  10.  When  the  law  requires  citizenship  as  a  qualification  fq 
the  exercise  of  any  public  function,  the  said  function  may  be  en- 
trusted to  foreigners  who  have  all  the  other  qualifications  required 
by  the  same  law ;  by  the  fact  of  their  acceptance  of  the  position  they 
shall  become  naturalized  citizens. 

Art.  .11.  Citizenship  is  suspended,  lost  or  recovered  according 
law. 

Art.  12.  The  following  are  the  duties  of  Guatemalans : 
1.  To  serve  and  defend  the  country. 


I 


J 


GUATEMALA.  2»i 

2.  To  obey  the  laws,  respect  the  authorities  and  comply  with  the 
regulations  of  the  police. 

3.  To  contribute  in  the  manner  established  by  law  to  meet  the 
public  expenses. 

Art.  13.  Foreigners,  from  the  moment  of  their  arrival  in  the  ter- 
ritory of  the  Republic,  are  strictly  bound  to  respect  the  authorities 
and  observe  the  laws,  and  acquire  the  right  to  be  protected  by  them. 

Art.  14.  Neither  Guatemalans  nor  foreigners  shall  have  in  any  case 
the  power  to  claim  from  the  government  indemnification  for  dam- 
ages or  injuries  done  to  their  persons  or  property  by  revolutionists. 

Art.  15.  Foreigners  are  bound  to  comply  with  the  police  laws  and 
regulations,  and  to  pay  the  local  taxes,  as  well  as  all  other  taxes  levied 
or  to  be  levied  hereafter,  whether  heavier  or  lighter,  on  commerce^ 
industry,  profession  or  property  owned  or  possessed. 

Title  II. — Guarantees. 

Art.  16.  The  authorities  of  the  Republic  are  established  to  pro- 
tect the  inhabitants  in  the  enjoyment  of  their  rights,  which  are, 
liberty,  equality,  security  of  person,  of  honor  and  of  property. 

Art.  17.  AH  power  is  originally  vested  in  the  nation.  Officials 
are  not  the  owners  but  the  depositaries  of  the  authority,  subject  to 
the  law  and  never  superior  to  it,  and  always  responsible  for  their 
official  conduct. 

Art.  18.  Primary  instruction  is  compulsory;  the  instruction  fur- 
nished by  the  nation  is  laical  and  gratuitous. 

Art.  19.  All  persons  are  free  to  enter,  remain  in  and  leave  the  ter- 
ritory of  the  Republic,  except  in  the  cases  determined  by  law. 

Art.  20.  Industry  is  free.  The  author  or  inventor  enjoys  the 
ownership  of  his  work  or  invention  for  a  period  of  time  not  exceed- 
ing 15  years,  but  literary  property  is  perpetual. 

The  executive  may  grant  concessions  for  a  term  not  exceeding 
10  years  to  those  who  introduce  or  establish  new  industries  in  the 
Republic. 

Art.  21.  All  persons  may  freely  dispose  of  their  property,  pro- 
vided that  by  so  doing  they  do  not  violate  any  law. 

P^ntailmonts  of  property,  however,  and  every  endowment  {institu- 
cion)  in  favor  of  dead  hands,  are  absolutely  forbidden,  excepting 
only  those  made  in  favor  of  charitable  establishments. 

Art.  22.  The  inhabitants  of  the  Republic,  whether  nationals  or 
foreigners,  may  direct  their  petitions  to  the  authorities. 

Armed  forces  shall  not  deliberate  or  exercise  the  right  of  petition. 

Art.  23.  The  inhabitants  of  the  Republic  have  free  access  to  the 
courts  of  the  country  to  exercise  their  actions  in  the  form  prescribed 

88381—19 19 


282  CONSTITUTIOK-S   OF  THE   STATES  AT  WAK. 

by  the  laws.  Foreigners  shall  not  resort  to  diplomatic  action  except 
in  case  of  denial  of  justice.  For  this  purpose,  the  fact  that  a  judg- 
ment obtained  is  not  favorable  to  the  claimant  shall  not  be  under- 
stood as  a  denial  of  justice. 

Art.  24.  The  exercise  of  all  religions,  without  preference  for 
any  particular  one,  is  guaranteed  in  the  interior  of  the  temples ;  but 
this  free  exercise  shall  not  be  extended  to  the  performance  of  acts 
subversiA^e  of  or  practices  inconsistent  with  peace  and  public  order, 
nor  shall  it  give  right  to  oppose  the  fulfillment  of  civil  and  political 
obligations. 

Art.  25.  The  right  of  association  and  of  peaceful  assembly  with- 
out arms  is  guaranteed,  but  the  establishment  of  conventual  congre- 
gations and  all  kinds  of  monastical  institutions  or  associations  is 
forbidden. 

Art.  26.  The  expression  of  ideas,  verbally,  in  writing,  or  through 
the  press,  without  previous  censorship,  is  free.  Anyone  abusing  this 
right  shall  be  responsible  for  it  before  the  law.  A  jury  shall  take 
cognizance  of  all  offenses  and  crimes  committed  through  the  press. 

Art.  27.  All  the  inhabitants  of  the  Republic  are  free  to  give  or 
receive  the  instruction  which  they  may  prefer,  in  establishments  not 
supported  with  funds  of  the  nation. 

Art.  28.  Property  is  inviolable;  its  expropriation  shall  only  be 
ordered  upon  legal  proof  that  the  public  interests  are  subserved 
thereby,  and  in  this  case  the  owner,  before  his  property  is  seized, 
shall  receive  its  just  value  in  cash. 

In  case  of  war  the  indemnity  need  not  be  previous. 

Art.  29.  Services  not  to  be  rendered  gratuitously  under  a  law,  or 
under  a  judicial  decision  founded  on  law,  shall  be  justly  remunerated. 

Art.  30.  No  one  shall  be  detained  or  imprisoned  except  by  reason 
of  crime  or  offense.  The  law  determines  the  cases  and  the  formalities 
for  proceeding  to  detention  or  arrest. 

Art.  31.  Every  detained  person  shall  be  examined  within  48  hours ; 
the  detention  shall  not  exceed  five  days;  and  within  this  period  the 
authority  which  ordered  it  shall  either  give  the  reason  for  the  war- 
rant of  imprisonment  or  discharge  the  prisoner. 

Art.  32.  No  one  shall  be  kept  in  solitary  confinement  except  in  the 
cases,  for  the  time  and  with  the  formalities  established  by  law ;  no 
shall  anyone  be  subject  to  restrictions  not  indispensable  for  his  safe 
keeping. 

Art.  33.  No  w^arrant  of  imprisonment  shall  be  issued  without  th 
summary  information,  previously  obtained,  that  an  offense  punish 
able  with  corporal  or  pecuniary  penalty  has  been  committed  and 
without  present  reasons  legally  sufficient  for  believing  that  the  de- 
tained person  is  the  delinquent. 


e 

1 


GUATEMALA.  283 

Art.  34.  The  Constitution  recognizes  the  right  of  habeas  corpus^ 
or  let  the  prisoner  be  produced.^ 

Art.  35.  No  one  shall  be  compelled  to  testify  against  himself,  his 
consort,  ascendants,  descendants,  or  brothers  or  sisters. 

Art.  36.  The  defense  of  persons  or  rights  before  the  courts  is  in- 
violable, and  no  one  shall  be  tried  by  special  tribunals. 

Art.  37.  The  correspondence  of  every  person  and  his  private 
papers  are  inviolable.  Only  by  order  of  the  competent  judge  shall 
the  former  be  detained  and  opened  or  the  latter  seized,  in  the  cases 
'I lid  with  the  formalities  required  by  law. 

Art.  38.  Domicile  is  inviolable.  The  law  determines  the  formali- 
ties and  the  cases  in  which  the  domicile  can  be  rightfully  entered. 

Art.  39.  When  the  territory  of  the  nation  is  invaded  or  attacked, 
or  when  public  tranquility  is  in  any  way  threatened,  the  President, 
;  with  the  advice  of  the  Council  of  Ministers,  shall  suspend,  by  means 
of  a  decree,  the  individual  guarantees  described  in  this  title,  and  he 
shall  then  state  whether  the  suspension  embraces  the  whole  Republic 
or  only  one  or  more  departments  of  the  same ;  he  shall  also  report  the 
fact  to  the  Assembly  at  the  next  session. 

Title  III. — The  Legislative  Power. 

SECTION    I. ORGANIZATIOX    OF   THE   LEGISLATIVE   ^OWER. 

;..  Art.  40.  The  legislative  power  is  vested  in  the  National  Assembly. 
'  Art.  41.  The  National  AsvSembly  shall  meet  every  year  on  1 
March,  even  if  not  called  to  convene.  Its  ordinary  sessions  shall 
last  two  months,  but  this  period  may  be  extended  a  month  longer. 
(  Art.  42.  The  Assembly  shall  not  hold  any  meeting  without  the 
presence  of  an  absolute  majority  of  the  members  of  which  it  is  com- 
posed ;  but  the  meeting  of  15  deputies,  at  least,  shall  be  sufficient  for 
passing  upon  credentials  and  taking  suitable  measures  against  the 
obstacles  to  a  majority  in  the  Assembly.  i 

Art.  43.  The  Assembly  shall  hold  an  extra  session  whenever  it 
has  been  convoked  by  the  executive  power  or  the  Permanent  Com- 
mittee, and  in  these  cases  it  shall  only  discuss  the  subjects  mentioned 
in  the  call. 

Art.  44.  Deputies,  from  the  day  of  their  election,  shall  enjoy  the 
following  prerogatives : 

1.  Personal  immunity  from  indictment  or  trial,  unless  the  As- 
sembly  previously    authorizes   the   prosecution   by    declaring   that 
criminal  proceedings  can  be  instituted;  but  they  can  be  arrested  in 
'  case  of  flagrante  delicto. 

*  That  is  to  say,  so  that  the  reasons  for  his  detention  may  be  stated.     The  last  clause 
its  merely  a  free  rendering  In  the  vernacular  of  the  Latin  law  term. 


284  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 

2.  Irresponsibility  for  all  their  opinions,  for  the  introduction  of 
any  legislative  measures  and  for  the  manner  of  doing  business  in  the 
discharge  of  their  duties. 

These  prerogatives  do  not  authorize  arbitrariness  or  excesses  of 
personal  initiative  on  the  part  of  the  deputies. 

The  rules  of  the  Assembly  shall  establish  the  manner  of  repressing 
any  abuses  which  may  be  committed. 

Art.  45.  After  the  declaration  referred  to  in  §  1  of  the  fore- 
going article  has  been  made,  the  accused  parties  shall  remain  subject 
to  the  competent  judge  and  suspended  from  the  exercise  of  their 
legislative  functions,  which  they  shall  not  exercise  unless  they  are 
acquitted.  If  they  are  condemned,  their  seats  shall  remain  vacant 
and  new  elections  shall  be  ordered  to  be  held. 

Art.  46.  If  the  Assembly  is  not  in  session,  the  Permanent  Com- 
mittee shall  declare  whether  or  not  criminal  proceedings  shall  be 
instituted  against  the  deputy. 

Art.  47.  Should  any  deputy  be  arrested  flagrante  delicto^  he  shall 
be  placed  immediately  at  the  disposal  of  the  Assembly,  or  of  the 
Permanent  Committee  if  the  Assembly  is  not  in  session. 

Art.  48.  The  Assembly  shall  consist  of  a  deputy  for  each  20,000 
inhabitants  or  for  each  fraction  thereof  exceeding  10,000. 

The  law  shall  provide  the  manner  of  holding  the  elections;  but 
without  modifying  the  principle  of  direct  popular  election. 

Art.  49.  To  be  elected  deputy  it  is  required  to  be  in  the  exercise  of 
the  rights  of  citizenship  and  to  be  over  21  years  of  age.  | 

Art.  50.  Contractors  of  public  works  or  services  of  any  kind,  the 
cost  of  which  is  defrayed  with  State  funds,  and  those  who  in  conse- 
quence of  the  said  contracts  have  pending  claims  of  their  own 
private  interest  shall  be  ineligible  to  be  deputies.  The  secretaries 
of  State  shall  also  be  ineligible;  as  also,  for  the  department  or  elec- 
toral district  in  which  they  exercise  their  functions,  political  chiefs, 
military  commanders,  judges  of  the  first  instance,  collectors  of  public 
revenue  and  ministers  of  religion. 

Art.  51.  Deputies  shall  remain  iri  the  exercise  of  their  func- 
tions four  years,  but  the  Assembly  shall  be  renewed  by  halves  every 
two  years.  For  this  purpose  the  Assembly  shall,  before  closing  the 
session  of  its  first  constitutional  year,  decide  by  lot  the  deputies  who 
are  to  go  out  at  the  expiration  of  the  first  two-year  period. 

SECTION  II. attributions  OF  THE  LEGISLATIVE  POWER. 

Art.  52.  It  belongs  to  the  legislative  power : 

1.  To  open  and  close  its  ordinary  and  extraordinary  sessions. 

2.  To  count  the  votes  for  President  of  the  Republic  and  to  pro- 
claim popularly  elected  the  citizen  who  obtained  an  absolute  majority 
of  votes. 


GUATEMALA.  285 

3.  To  elect  the  President  from  among  the  three  candidates  who 
obtained  the  greatest  number  of  votes,  in  case  there  is  no  popular 
election  because  of  the  absence  of  an  absolute  majority  of  votes. 

4.  To  appoint  in  the  last  meetings  of  each  year  the  designates 
{designados). 

5.  To  give  possession  [of  his  office]  to  the  President  of  the 
Republic  and  to  receive  from  him  the  declaration  required  by  law. 

6.  To  accept  or  refuse  to  accept,  as  it  may  deem  advisable,  the 
resignation  of  the  President  of  the  Republic. 

7.  To  grant  or  refuse  permission  to  the  President  of  the  Repub- 
lic to  absent  himself  from  the  teiTitory  of  Central  America. 

8.  To  designate  the  person  who  shall  act,  during  his  absence, 
as  President  of  the  Republic,  when  the  latter  has  obtained  permission 
to  absent  himself  from  the  territory  of  Central  America. 

9.  To  count  the  votes  for  president,  magistrates  and  public 
prosecutors  of  the  courts  of  justice,  whose  election  shall  be  popular 
and  direct,  and  to  proclaim  elected  by  the  people  the  citizens  who 
have  obtained  a  plurality  of  votes. 

10.  To  accept  or  refuse  to  accept  the  resignations  of  the  presi- 
dent, magistrates  and  public  prosecutors  of  the  courts  of  justice, 
and  designate,  if  the  resignations  are  accepted,  or  if  the  offices 
become  absolutely  vacant,  the  persons  who  should  fill  the  positions 
until  the  completion  of  the  respective  constitutional  terms  of  office. 

Art.  53.  The  Assembly  also  has  power  to  declare  whether  or  not 
impeachment  proceedings  shall  be  instituted  against  the  President 
of  the  Republic,  members  of  the  cabinet,  members  of  the  Council  of 
State,  magistrates,  public  prosecutors  of  the  superior  courts  and 
solicitors  of  the  government. 

The  law  of  responsibilities  determines  the  form  of  the  impeach- 
ment proceedings  and  the  tribunal  which  shall  take  cognizance  of 
the  case. 

Art.  54.  The  legislative  power  also  has  the  following  attribu- 
tions : 

1.  To  enact,  interpret,  amend  and  repeal  the  laws  which  must  bo 
observed  in  all  branches  of  the  administration. 

2.  To  fix  every  year  the  expenses  of  the  public  administration, 
ipproving  or  disapproving  the  estimates  submitted  by  the  executive 
Dower. 

3.  To  levy  the  ordinary  taxes  and  imposts  required  to  cover  the 
xpenses  of  the  government  and  the  claims  approved. 

4.  To  approve  or  disapprove  every  year  the  account  which  the 
executive  must  submit  of  the  funds  disbursed  in  the  public  admin- 
stration,  and  of  any  unforeseen  expenses  which  may  have  been 
necessary. 

5.  To  levy  extraordinary  taxes  when  the  necessity  so  demands. 


286  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

6.  To  authorize  the  executive  power  to  enter  into  contracts  and 
negotiate  loans,  either  at  home  or  abroad,  and  to  pledge  for  their 
payment  the  revenues  of  the  nation. 

"7.  To  examine  the  claims  against  the  public  treasury  for  credits 
not  included  in  the  estimates,  and,  if  they  are  approved  by  the  Assem- 
bly, to  set  aside  funds  for  their  amortization. 

8.  To  fix  the  fineness,  weight  and  denominations  of  the  national 
cuiTency,  and  to  fix  likewise  the  system  of  weights  and  measures. 

9.  To  approve  or  disapprove,  before  their  ratification,  the  treaties 
arid  conventions  concluded  by  the  executive  with  other  countries. 

10.  To  grant  pensions  and  public  honors  for  great  services  ren- 
dered to  the  nation. 

1,  11.  To  authorize  the  executive  to  send  forth  such  laws  as,  owing 
to  their  extent,  can  not  be  despatched  by  the  legislative  power,  to 
which,  however,  a  report  thereon  should  be  submitted  in  due  time. 

12.  To  grant  extraordinary  faculties  to  the  executive,  when 
necessity  or  the  interest  of  the  Republic  so  demands,  specifying  in 
the  decree  what  are  the  faculties  granted. 

13.  To  approve  or  disapprove  the  acts  done  by  the  executive 
power  in  the  exercise  of  the  faculties  granted  to  him. 

14.  To  appoint  brigadier  generals  and  generals  of  division  upon 
nomination  of  the  executive,  accompanied  for  this  purpose  by  the 
record  of  services  of  the  nominee. 

15.  To  declare  war  and  approve  treaties  of  peace. 

16.  To  grant  general  amnesties  and  pardons  when  public  utility 
may  so  demand. 

Art.  55.  The  following  attributions  also  belong  to  the  Assembly : 

1.  To  elect  at  the  opening  of  the  session  its  own  president,  vice- 
president  and  all  the  other  functionaries  who  under  the  rules  of  the 
Assembly  are  necessary  to  complete  its  organization. 

2.  To  be  the  judge  of  the  election  of  its  own  members  and 
approve  or  disapprove  their  credentials. 

3.  To  accept  or  refuse  to  accept  the  resignations  of  its  members, 
and  order  new  elections  to  be  held  to  fill  the  places  vacant  for  this  or 
any  other  reason. 

4.  To  make  rules  for  its  internal  government. 

5.  To  compel  the  attendance  of  absent  deputies  and  punish  the 
offenses,  by  commission  or  omission,  of  those  present. 

SECTION  III. ENACTMENT  AND  APPROVAL  OF  THE  LAWS. 

Art.  56.  Laws  may  be  introduced  in  the  Assembly  on  the  proposal 
of  some  one  of  its  members,  through  the  initiative  of  the  executive 
power  or  of  the  judicial  power  in  matters  of  its  competence. 

Art.  57.  The  Assembl5%  in  order  to  exercise  the  attributions  en 
merated  in  88  6  and  7  of  Article  52  and  §  4  of  Article  55,  sha 


1 


GUATEMALA.  287 

discuss,  in  three  different  meetings  held  on  different  days,  the 
subject  presented  to  it,  and  no  vote  shall  be  taken  until  said  subject 
is  held  in  the  third  meeting  to  have  been  sufficiently  discussed. 

In  all  the  other  formalities  of  proceedings  the  regulations  pre- 
scribed by  the  rules  of  the  Assembly  shall  be  observed. 

Art.  58.  All  bills  passed  by  the  Assembly  shall  be  sent  for  ap- 
proval to  the  executive. 

Art.  59.  The  President  shall  approve  the  law  passed  by  the  Assem- 
bly and  order  it  to  be  promulgated,  but  if  he  should  find  it  unsuit- 
able, he  shall  upon  the  advice  of  the  Council  of  Ministers,  with- 
hold his  approval  and  return  it  to  the  Assembly,  Avithin  ten  days, 
accompanied  with  the  remarks  that  he  may  deem  proper.  The 
Assembly  shall  either  reconsider  the  bill  at  once,  or,  if  the  remarks 
made  by  the  executive  are  not  accepted,  postpone  its  reconsideration 
until  the  session  of  the  next  year.  In  the  latter  case,  if  the  Assem- 
bly ratifies  the  bill  by  a  two-thirds  vote,  the  executive  shall  be  bound 
to  approve  and  promulgate  the  law. 

Art.  60.  If  the  executive  does  not  return  the  bill  within  ten  days 
to  be  counted  from  its  despatch,  it  shall  be  considered  approved  and 
shall  be  promulgated  as  law.  If  the  Assembly  adjourns  before  the 
expiration  of  the  ten  days  within  which  the  return  of  the  bill  w^as 
possible,  the  executive  must  return  it  within  the  first  eight  days  of 
the  ordinary  session  of  the  following  j^ear. 

Art.  61.  The  acts  of  the  Assembly  relating  to  its  internal  govern- 
ment, to  the  qualification  of  elections  and  the  resignation  of  those 
elected,  to  the  permission  to  prosecute  or  impeach  public  officials  as 
set  forth  in  Articles  44  and  53,  and  all  the  other  provisions  of  Articles 
52  and  55  shall  not  require  the  approval  of  the  executive. 

SECTION  IV. — the  permanent  COMMITTEE. 

Art.  62.  Before  closing  its  sessions  the  Assembly  shall  elect  seven 
of  its  members  to  form  the  Permanent  Committee,  which  shall  at 
iits  first  meeting  designate  its  chairman. 

Art.  63.  The  Permanent  Committee  shall  have  during  the  recess 
of  the  Assembly  the  following  attributions : 

1.  To  declare  whether  or  not  criminal  proceedings  may  be  insti- 
tuted against  a  member  of  the  Assembly  in  the  cases  mentioned  in 
Articles  44  and  53. 

2.\  To  take  up  the  unfinished  business  and  put  it  in  shape  for 
proper  consideration  when  the  Assembly  meets. 

3.  To  call  an  extra  session  of  the  Assembly  when  the  exigencies 
of  the  circumstances  so  demand. 

The  Permanent  Committee  shall  meet  at  any  time  at  the  call  of  its 
chairman. 


288  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Title  IV. — The  Executive  and  its  Attributions. 

SECTION  I. ORGANIZATION   OF  THE  EXECUTIVE. 

Art.  64.  A  citizen  with  the  title  of  "  President  of  the  Republic  " 
exercises  the  executive  power,  and  shall  be  elected  popularly  and 
directly. 

Art.  65.  To  be  elected  President  it  is  required : 

1.  To  be  a  native  of  Guatemala  or  of  any  other  Republic  of 
Central  America. 

2.  To  be  over  21  years  of  age. 

3.  To  be  in  the  enjoyment  of  the  rights  of  citizenship. 

4.  To  be  of  the  secular  estate.^ 

Art.  66.  The  term  of  oiRce  of  the  President  shall  be  six  years.'^ 

Art.  67.  The  President  is  responsible  to  the  Assembly  for  his 
acts. 

Art.  68.  The  President  of  the  Republic  shall  turn  his  office  over 
to  the  person  selected  for  that  purpose  by  the  Assembly,  when  he, 
wdth  the  permission  of  the  latter,  decides  to  absent  himself  from  the 
territory  of  Central  America. 

Art.  69.  Two  designates  (designados) ,  elected  by  the  Assembl3% 
shall  fill,  in  the  order  of  their  election,  the  place  of  President  of  the 
Republic,  in  the  cases  set  forth  by  the  Constitution. 

To  be  elected  designado  the  same  qualifications  are  required  as  to 
be  elected  President  of  the  Republic. 

In  case  of  absolute  vacancy  of  the  office  of  President  of  the 
Republic,  the  executive  powder  shall  be  transmitted  to  the  first  desig- 
nado^ and,  in  his  default,  to  the  second.  In  such  a  case,  the  designado^ 
within  eight  days  following  the  absolute  vacancy,  shall  call  for  a 
presidential  election,  to  be  held  within  six  months  to  be  counted  from 
the  date  of  the  call.  The  election  having  been  held  and  the  Assembly 
having  made  the  declaration  to  which  §2  of  Article  52  refers, 
the  citizen  elected  shall  at  once  take  possession  of  the  office,  and  his 
jiresidential  term  shall  be  computed  from  the  fifteenth  of  March 
following. 

Art.  70.  The  President  of  the  Republic  in  taking  possession  of 
his  office  shall  make  the  following  solemn  declaration : 

I  declare  that  I  will  fulfill  with  patriotism  the  office  of  President,  and  wil 
observe  and  cause  to  be  observed  faithfully,  the  Constitution  of  the  Republic 

Art.  71.  The  President  of  the  Republic  shall  have  for  the  transj 
action  of  business  the  number  of  secretaries  provided  by  law.  Theii 
appointment  and  removal  belongs  to  the  President. 

^  That  is,  not  to  be  an  ecclesiastic. 
»  As  amended  by  the  legislative  decree  of  12  July  1903  which  repealed  the  prohibition' 
of  consecutive  reelection. 


GUATEMALA.  289 

Art.  72.  To  be  a  secretary  of  State  it  is  required  to  be  over  21 
years  of  age  and  of  the  secular  estate,  to  be  in  the  exercise  of  the 
rights  of  citizenship,  and  not  to  be  a  contractor  of  public  works,  nor 
to  be  personally  interested  in  claims  arising  out  of  said  contracts. 

Art.  73.  The  secretaries  of  State,  in  their  respective  departments, 
shall  authorize  the  decisions  of  the  President. 

All  orders  and  other  provisions  of  the  executive  power  shall  be 
signed  and  conununicated  by  the  secretary  of  the  department  to 
which  they  belong. 

Art.  74.  The  secretaries  of  State  are  jointly  responsible  with  the 
President  for  all  the  acts  of  the  latter  authorized  by  them  with  their 
signatures. 

Art.  75.  The  secretaries  of  State  shall,  during  the  first  days  of 
the  ordinary  session  of  the  Assembly,  submit  a  detailed  report  on 
the  condition  of  the  business  of  their  respective  departments. 

Art.  76.  The  secretaries  of  State  may  attend  the  meetings  of  the 
Assembly  and  take  part  in  the  deliberations.  They  are  bound  to 
furnish  all  the  information  which  may  be  asked  of  them  and  to 
answer  to  interpellations  which  may  be  directed  to  them  upon  admin- 
istration affairs,  except  in  matters  which  have  reference  to  diplomatic 
transactions  or  to  pending  military  operations. 

section  II. — duties  and  attributions  of  the  executive  power. 

Art.  77.  The  duties  and  attributions  of  the  executive  power  are: 

1.  To  defend  the  independence  and  honor  of  the  nation  and  the 
inviolability  of  its  territory. 

2.  To  observe  and  cause  to  be  observed  the  Constitution  and  the 
other  laws. 

3.  To  see  to  the  prompt  and  complete  administration  of  justice. 

4.  To  see  to  the  preservation  of  public  order. 

5.  To  render  to  the  functionaries  of  the  judicial  power  the  assist- 
ance and  force  necessary  to  render  their  decisions  effective. 

6.  To  direct  public  instruction,  create  teaching  establishments 
and  make  rules  for  those  supported  by  national  funds. 

It  has  also  the  power  to  exercise  supreme  inspection  over  all  the 
schools  and  other  teaching  establishments,  even  when  not  supported 
by  national  funds. 

7.  To  attend  to  the  collection  and  management  of  the  national 
revenue,  and  order  it  to  be  disbursed  according  to  law. 

8.  To  appoint  secretaries  of  State,  accept  their  resignations,  and 
separate  them  from  the  ser\ace. 

9.  To  appoint  from  among  three  nominees  of  the  Supreme  Court 
iof  Justice  the  judges  of  first  instance. 


290  CONSTITUTIONS   OF  THE  STATES  AT  WAK. 

10.  To  appoint  functionaries  of  the  administrative  and  military 
order;  to  transfer  them  from  one  place  to  another  when  advisable 
for  the  good  of  the  service. 

11.  To  grant  military  grades  up  to  and  including  that  of  colonel. 

12.  To  command  the  army,  organize  and  distribute  it  as  may  be 
deemed  advisable. 

13.  To  raise  the  force  which  may  be  necessary  to  repel  foreign 
invasion  or  to  prevent  or  put  down  domestic  insurrections. 

14.  To  appoint  ministers  plenipotentiary,  ministers  resident, 
charges  d'affaires  and  consuls  for  the  service  of  the  Eepublic  in  for- 
eign countries. 

15.  To  receive  the  ministers  and  other  envoys  of  other  nations 
and  grant  the  exequatur  to  the  patents  of  foreign  consuls. 

16.  To  give  passports  to  the  ministers  and  other  envoys  of  other 
nations  and  to  withdraw  the  exequatur  to  the  patents  of  consuls  in 
the  cases  prescribed  by  international  law. 

IT.  To  issue  the  decrees  and  rules  which  may  be  necessary  to 
facilitate  and  insure  the  execution  of  the  laws  in  all  branches  of  the 
administration. 

18.  To  suspend,  with  the  advice  of  the  Council  of  Ministers,  the 
constitutional  guarantees,  when  the  public  order  so  demands. 

19.  To  submit  to  the  Assembly,  for  its  approval,  the  treaties  con- 
cluded by  it. 

20.  To  call  the  Assembly  to  convene  in  extra  session,  when  grave 
and  urgent  matters  may  so  require. 

21.  To  approve  the  laws  and  promulgate  such  legislative  acts  as 
do  not  need  executive  approval. 

Art.  78.  The  President  of  the  Republic  shall  have  power  to  com- 
mute the  penalty  which  may  be  greater  in  the  general  scale  of  pun- 
ishment to  the  penalty  immediately  inferior  thereto,  to  grant  pardons 
for  political  offenses,  and  even  for  common  ones,  when  public  utility : 
may  so  demand,  or  when  the  petitioner  has  rendered  signal  services! 
to  the  nation.    A  law  shall  regulate  the  exercise  of  this  power. 

SECTION  III. THE  COUNCIL  OF  STATE. 

Art.  79.  The  President  of  the  Republic  shall  have  a  Council  of 
State,  consisting  of  the  secretaries  of  State  and  nine  councilors,  fivt 
of  whom  shall  be  appointed  by  the  Assembly  and  four  by  the  Presi-j 
dent  of  the  Republic. 

Art.  80.  The  President  of  the  Republic  may  appoint  temporal 
councilors  during  the  recess  of  the  Assembly  in  order  to  fill  th( 
vacancies  which  may  occur. 

Art.  81.  To  be  chosen  councilor  it  is  required  to  be  over  21  yeai 
of  age  and  to  be  in  the  exercise  of  the  rights  of  citizenship. 


GUATEMALA.  291 

Abt.  82.  The  councilors  shall  continue  in  the  exercise  of  their 
functions  two  years. 

Art.  83.  The  attributions  of  the  Council  are : 
1.  To  make  rules  for  its  internal  government. 
ii      2.  To  give  its  opinion  to  the  President  of  the  Republic  in  all  the 
matters  about  which  he  may  consult  it. 

Art.  84.  The  councilors  of  State  are  responsible  for  the  opinions 
given  by  them  in  opposition  to  the  Constitution  and  the  other  laws. 

Title  V. — The  Judicial  Power. 

Art.  85.  The  judicial  power  is  exercised  by  the  judges  and  tri- 
l;)unals  of  the  Republic;  to  them  belongs  the  exclusive  power  of 
applying  the  laws  in  civil  and  criminal  cases. 

Art.  86.  To  be  elected  magistrate  or  public  prosecutor  it  is  neces- 
sary to  be  in  the  enjoyment  of  the  rights  of  citizenship,  to  be  over  21 
years  of  age,  to  be  a  lawyer  and  of  the  secular  estate. 

Art.  87.  The  functionaries  of  the  superior  tribunals  of  justice  and 
the  judges  of  first  instance  shall  continue  four  years  in  the  exercise 
of  their  functions. 

Art.  88.  The  power  to  render  judicial  decisions,  and  to  enforce 
them,  belongs  exclusively  to  the  tribunals. 

^  Art.  89.  The  laws  shall  fix  the  manner  and  form  according  to- 
which  the  trials  shall  be  conducted. 

Art.  90.  All  the  inhabitants  of  the  Republic  shall  be  subject  to  the 
course  of  proceedings  established  by  law. 

Art.  91.  No  case  shall  have  more  than  three  instances,  and  the  same 
judges  shall  not  take  cognizance  of  a  case  in  different  instances. 

Art.  92.  The  judges,  whatever  their  rank  or  category  may  be,  are 
personally  responsible  for  every  violation  of  law  committed  by  them, 
in  accordance  with  the  responsibility  of  the  judicial  power. 

Art.  93.  The  law  constituting  the  judicial  power  shall  establish 
everything  else  concerning  the  judicial  power. 

Title  VI. — The  Government  of  the  Departments  and  Munici- 
'^  palities. 

Art.  94.  The  law  divides  the  national  territory  into  departments 
in  order  that  the  government  thereof  may  be  better  administered. 

Art.  95.  The  President  of  the  Republic  shall  appoint,  for  the 
government  of  each  department,  a  political  chief  whose  qualifica- 
tions and  attributions  shall  be  fixed  by  law. 

(  Art.  96.  The  law  shall  organize  the  municipalities  without  chang- 
ing the  principle  of  popular  direct  election  and  shall  describe  the 
powers  belonging  to  them. 


292  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  97.  The  municipalities  shall  establish,  with  the  approval  of 
the  government,  the  means  which  they  judge  necessary  to  meet  the 
object  of  their  institution. 

Art.  98.  The  government  may,  when  it  deems  advisable,  or  at 
the  request  of  the  municipalities,  reform  the  ordinances  of  each  town 
and  make  ordinances  for  the  towns  which  have  none. 

Title  VII. — Reform  of  the  Constitution. 

Art.  99. — The  Assembly,  by  a  two-thirds  vote,  shall  have  power 
to  order  the  reform  of  the  Constitution,  indicating  the  article  or 
articles  which  have  to  be  changed. 

Art.  100.  The  resolution  to  amend  having  passed,  the  executive 
power  shall  call  a  Constituent  Assembly,  which  should  meet  within 
the  three  months  following.  The  resolution  mentioned  in  the  preced- 
ing article  shall  be  inserted  in  the  call. 

Art.  101.  The  Assembly  shall  consist  of  a  delegate  for  each  15,000 
inhabitants,  and  these  delegates  shall  have  the  same  qualifications 
as  are  required  to  be  elected  deputy. 

Art.  102.  The  ordinary  Assembly,  as  soon  as  the  resolution  to 
reform  the  Constitution  is  passed,  shall  adjourn  sine  die. 

Art.  103.  The  reform  having  been  made,  a  call  shall  be  issued 
for  the  election  of  deputies  for  the  ordinary  legislature. 

Art.  104.  The  present  Constitution  shall  not  lose  its  force  and 
vigor,  even  when  its  observance  is  interrupted  by  a  rebellion. 

Art.  105.  The  amendments  made  to  the  Constitution  on  23  Octo- 
ber 1885  are  null  and  void.  • 

TRANSITORY  PROVISIONS.^ 

Article  1.  The  present  amendments  to  the  Constitutional  Law 
shall  begin  to  be  in  force  from  the  date  of  their  promulgation,  when 
the  suspension  of  the  constitutional  regime  shall  also  cease. 

Art.  2.  The  power  is  hereby  granted  the  executive  to  exercise  the 
attributions  set  forth  in  Article  8  of  the  present  law  (except  thosej 
mentioned  in  §§  4,  9  and  13)'  until  the  day  on  which,  the  Legisr 
lative  Assembly  meets,  to  which  an  account  shall  be  given  of  the 
acts  committed  in  the  exercise  of  such  attributions. 

Art.  3.  The  provisions  of  Article  5  of  the  Constitution  shall  not 
prevent  the  conclusion  of  the  treaties  which  may  now  be  pending 
and  which  were  negotiated  under  the  rule  of  the  amendments  mad( 
m  October,  1885. 

Art.  4.  The  suspension  of  the  constitutional  regime  decreed  oi 
26  June  of  the  present  year  shall  not  interrupt  the  presidential  ten 
of  General  Don  Manuel,  Lisandro  Barrillas,  who,  in  compliance 

1  The  Constitution  of  1879  was  reenaeted  on  5  November  1887  and  these  transitory  pr 
Tisions  were  added.     See  above,  p.  279,  notes  2  and  3. 


GUATEMALA.  293 

with  the  provisions  of  these  amendments,  shall,  therefore,  complete 
his  term  of  office  on  15  March  1892. 

Art.  5.  The  executive  is  hereby  given  authority  to  call  for  a  popu- 
lar election  of  deputies  to  the  Legislative  Assembly,  and  of  presi- 
dent, magistrates  and  public  prosecutors  of  the  courts  of  justice, 
for  the  constitutional  period  beginning  on  15  March  1888,  with  the 
power  to  issue  for  this  purpose  the  proper  electoral  laws. 

Art.  6.  The  Constitutional  Assembly,  before  closing  its  sessions, 
shall  appoint  two  persons,  w^ho  shall  exercise  the  functions  of 
designados  until  the  next  legislature,  in  use  of  the  power  vested  in  it 
by  §  i  of  Article  7  of  the  present  decree,  elects  those  who  shall  fill  the 
position. 


HAITI. 

From  1790  to  1804  the  French  colony  of  "Sdiito  Domingo  was 
blood  stained  by  almost  continual  disturbances,  in  the  midst  of  whict 
Toussaint  L'Ouverture  published  the  Constitution  of  9  May  1801. 
Gen.  Dessalines  proclaimed  the  independence  of  the  island  1  Janu- 
ary 1804,  and  took  the  title  of  Emperor  under  the  name  of  Jacques 
the  First.  The  new  State  again  took  the  historic  name  of  Haiti. 
After  the  murder  of  Dessalines  (17  October  1806),  civil  wars  ensued, 
and  two  States  were  established  under  Christophe  and  Petion,  re^- 
fipectively  king  of  the  northern  provinces  and  president  of  the  rest 
of  the  island.  Upon  the  death  of  the  former  (1820),  President  Boyer 
effected  the  union  of  the  two  States  and  governed  in  a  personal  and 
Authoritative  manner  until  the  revolution  which  overthrew  him  in 
1843.  The  consequence  of  this  revolution  was  the  final  separatioii 
of  the  eastern  and  Spanish  part  of  the  island,  which  took  the  name 
I  of  Dominican  Republic.  Civil  wars  went  on  from  1842  to  1847, 
when  Gen.  Soulouque  reestablished  the  empire  for  nine  years.  After 
his  overthrow  GefFrard  restored  the  republic,  but  the  empire  re- 
turned with  his  successor,  Salnave,  who,  however,  was  executed  three 
;years  later.  Since  this  period  the  Constitution  of  the  Republic  of 
Haiti  has  been  renewexi  several  times,  first  on  6  August  1874,^  and 
finally,  after  continually  recurring  disturbances,  on  9  October  1889.^ 
(The  latter  remained  in  force  until  the  passage  of  the  Constitution 
;w)iich  follows.^  » 

CONSTITUTION  OF  12  JUNE  1918.* 
Title  I. — The  Territory  of  the  Republic.'^ 

Article  1.  The  Republic  of  Haiti  is  one  and  indivisible,  free,  sov- 
ereign and  independent. 

*  French  text  and  English  translation  In  parallel  columns  In  J.  I.  Rodrioubz,  American 
Conatitutions  (Washington,  1906),  vol,  ii,  pp.  52-88.  Spanish  translation  in  Rodriguez, 
op,  cit.,  pp.  89-108.  French  text  also  in  the  British  and  Foreign  State  Papers,  81  : 
pp.  64-87. 

» French  text  in  the  British  and  Foreign  State  Papers,  65  :  pp.  1260-1280. 

*  This  introductory  paragraph  is  based  upon  F.  R.  Dabeste  BT  P.  Darkste,  Lea  Consti- 
tutions modcrnes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  568-570,  and  BoDftiouEZ,  op.  cit., 
pp.  49-51. 

*  Translation  by  Herbert  F.  Wright  from  the  French  text  In  Le  Moniteur,  Journal 
Otficiel  dc  la  R^puUique  d'Haiti  (Port-au-Prince),  of  19  June  1918. 

f«  Preceding  this  title  in  the  official  text  appear  the   words,   "Chapter   First,"   which 
<6eem  to  have  been  Inserted  through  error. 


296  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Its  territory,  including  the  islands  adjacent  thereto,  is  inviolable 
and  shall  not  be  alienated  through  any  treaty  or  through  any  con- 
vention. 

Art.  2.  The  territory  of  the  Republic  is  divided  into  departments; 
each  department  is  subdivided  into  districts  (arrondissements)  ;  and 
each  district  into  communes. 

The  number  and  the  limits  of  these  subdivisions  shall  be  deter- 
mined by  law. 

Title  II. — Haitians  and  Their  Rights. 

SECTION  I. CIVIL  AND  POLITICAL  RIGHTS. 

Art.  3.  The  rules  governing  nationality  shall  be  determined  by 
law. 

Art.  4.  All  foreigners  Avho  find  themselves  on  Haitian  territory 
shall  enjoy  the  same  protection  as  that  extended  to  Haitians. 

Art.  5.  The  right  to  own  real  estate  shall  be  given  to  foreigners 
residing  in  Haiti  and  to  the  societies  organized  by  foreigners  for 
purposes  of  residence,  and  agricultural,  commercial,  industrial  or 
educational  enterprises. 

This  right  shall  cease  after  a  period  of  five  years  from  the  date 
when  the  foreigner  shall  have  ceased  to  reside  in  the  country  or  the 
activities  of  said  companies  shall  have  ceased. 

Art.  6.  Every  Haitian  citizen  over  21  years  of  age  shall  be  enti- 
tled to  exercise  political  rights,  if  he  has  the  other  qualifications 
required  by  the  Constitution  and  by  law.  Foreigners  may  acquire  the 
Haitian  nationality  by  following  the  rules  established  by  law. 
Naturalized  Haitians  shall  be  admitted  to  the  exercise  of  political 
rights  only  after  five  years  of  residence  in  the  territory  of  the. 
Republic. 

Art.  T.  The  exercise  of  political  rights  shall  be  suspended  by  virtue 
of  a  judicial  condemnation  which  must  have  taken  place  in  accord- 
ance with  the  laws  of  Haiti,  carrying  with  it  the  suspension  of  civil 
rights. 

SECTION   II. PUBLIC  LAW. 

Art.  8.  Haitians  are  equal  before  the  law.  They  shall  be  equally 
admissible  to  civil  and  military  employments,  without  any  reason 
for  preference  other  than  personal  merit  or  services  rendered  to  the 
country. 

Art.  9.  Individual  liberty  is  guaranteed. 

No  one  shall  be  detained  except  upon  probable  cause  relating  to  an 
act  punishable  by  law  and  upon  the  order  of  a  legally  competent 
functionary.  For  this  warrant  of  arrest  to  be  executed,  it  shall 
necessary : 


I 


HAITI.  297 

1.  That  it  state  the  cause  of  the  arrest  and  the  provision  of  the 
hnv  which  ])nnishes  tho  imputed  act. 

2.  That  notice,  together  with  a  copy  of  the  waiTMnt   1»'^  «nv(»n  to 
the  accused  party  at  the  moment  of  the  arrest. 

Except  in  case  of  -fiar/rante  delicto^  the  arrest  shall  be  executed 
subject  to  the  forms  and  conditions  above  stated. 

All  arrests  and  all  detentions  made  in  opposition  to  this  provision, 
and  all  acts  of  violence  or  severity  accompanying  the  arrest  are  arbi- 
trary acts,  against  which  the  aggrieved  parties  may,  without  pre- 
vious authorization,  complain  before  the  competent  tribunals,  and 
cause  the  authors  or  the  executors  to  be  prosecuted. 

Art.  10.  Xo  one  shall  be  tried  by  other  judges  than  those  assigned 
to  him  by  the  Constitution  or  the  law. 

Art.  11.  Domiciliary  visit  and  seizure  of  papers  shall  not  be  made 
except  by  Virtue  of  the  law^  and  in  the  forms  provided  by  it. 

Art.  12.  No  law  shall  have  a  retroactive  effect. 

Art.  13.  No  penalty  shall  be  established  except  by  law^,  nor  shall 
any  penalty  be  imposed  except  in  the  cases  which  the  law  shall 
determine. 

Art.  14.  The  right  of  property  is  guaranteed. 

No  one  shall  be  deprived  of  his  property  except  by  reason  of 
public  utility,  and  in  the  cases  and  in  the  manner  established  by  law, 
and  upon  previous  payment  of  a  just  indemnity.  Property  shall  not 
3e  confiscated  for  political  reasons. 

;.  Art.  15.  The  penalty  of  death  for  political  offenses  is  abolished 
Bxcept  for  the  case  of  treason. 

The  law^  shall  determine  the  penalty  to  be  imposed  in  lieu  thereof. 

Art.  16.  Every  one  has  the  right  to  express  his  opinions  on  all 
matters  and  to  write,  print  and  publish  what  he  thinks.  Writings 
^hall  not  be  submitted  to  previous  censorship.  Abuses  of  this  right 
shall  be  defined  and  punished  by  law,  without  thereby  abridging  in 
my  way  whatever  the  freedom  of  the  press. 

Art.  17.  All  forms  of  worship  are  equally  free. 

Every  one  has  the  right  to  profess  his  religion  and  freely  perform 
us  worship,  provided  he  does  not  disturb  the  public  order. 

Art.  18.  Teaching  is  free. 

Freedom  of  teaching  shall  be  exercised  under  the  control  and  the 
upervision  of  the  State  in  accordance  with  the  law. 

Primary  instruction  shall  be  compulsory.  Public  instruction  shall 
•e  gratuitous  in  all  its  grades. 

Art.  19.  Trial  by  jury  is  established  in  all  criminal  cases  and  also 
|or  political  offenses  and  offenses  conmiitted  through  the  press. 

Art.  20.  Haitians  have  the  right  to  assemble  peaceably  and  withouc 
Inns  for  discussing  any  matter,  provided  they  comply  with  the  laws 
88381—19 20 


298  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

regulating  the  exercise  of  this  right,  but  no  previous  authorization 
shall  be  required  for  this  purpose. 

This  provision  shall  not  be  applicable  to  meetings  in  public  places 
which  shall  remain  subject  in  all  respects  to  the  police  regulations. 

Art.  21.  Haitians  have  the  right  to  join  and  form  societies  in 
accordance  with  the  law. 

Art.  22.  The  right  of  petition  shall  be  personally  exercised  by  one 
or  several  individuals,  never  in  the  name  of  a  body. 

Petitions  shall  be  addressed  to  the  legislative  power  or  to  the 
executive  power. 

Art.  23.  The  secrecy  of  private  correspondence  entrusted  to  the 
mail  is  inviolable. 

The  law  shall  determine  who  shall  be  responsible  for  this  violation. 

Art.  24.  French  is  the  official  language.  Its  employment  shall  be 
obligatory  in  administrative  and  judicial  matters. 

Art.  25.  No  previous  authorization  shall  be  required  to  prosecute 
public  officials  for  acts  done  during  their  administration,  except  in 
those  cases  established  by  the  Constitution. 

Art.  26.  Nothing  shall  be  added  to  or  taken  away  from  the  Con- 
stitution by  means  of  law.  The  letter  of  the  Constitution  shall 
always  prevail. 


Title  III. — The  Sovereignty  and  the  Powj:rs  to  Which  the  Exer 
ciSE  Thereof  Is  Delegated. 


Art.  ^7.  The  national  sovereignty  resides  in  the  citizens  taken 
a  whole. 

Art.  28.  The  exercise  of  this  sovereignty  shall  be  delegated 
three  powers:  the  legislative  power,  the  executive  power  and  the 
judicial  power. 

They  shall  form  the  government  of  the  Republic,  which  is  essen- 
tially civil,  democratic  and  representative. 

Art.  29.  Each  poAver  shall  be  independent  of  the  other  two  in  its 
attributions  which  it  exercises  separately. 

None  of  them  shall  delegate  its  faculties,  nor  go  beyond  the  limits 
prescribed  for  it. 

Art.  30.  Individual  responsibility  shall  be  formally  attached  to 
public  functions. 

The  law  shall  govern  the  procedure  to  be  followed  against  pub 
officials  for  acts  done  during  their  administration. 

chapter  i. 

SECTION   I. — THE   LEGISLATIVE  POWER. 

Art.  31.  The  legislative  poAver  shall  be  exercised  by  two  assei 
blies:  one  Chamber  of  Deputies  and  one  Senate,  which  shall  foi 
the  legislative  body. 


HAITI.  299 

Art.  32.  The  number  of  deputies  shall  be  fixed  according  to  the 
population,  on  the  basis  of  one  deputy  for  every  60.000  inhabitants. 

While  the  census  of  the  population  is  being  made,  the  number  of 
deputies  is  fixed  at  36,  apportioned  between  the  arrondissements 
actually  existing,  to  wit:  3  deputies  for  the  Arrondissement  of  Port- 
au-Prince;  2  each  for  the  Arrondissements  of  Cap-Haitien,  Caves, 
Port-de-Paix,  Gonaives,  Jeremie,  Saint-Marc  and  Jacmel;  and  1 
deputy  each  for  the  other  arrondissements.  The  deputy  shall  be 
elected  by  a  majority  of  the  votes  cast  by  the  primary  assemblies 
of  the  district  in  conformity  with  the  manner  and  the  conditions 
provided  by  law. 

Art.  33.  To  be  a  member  of  the  Chamber  of  Deputies,  it  shall  be 
necessary : 

1.  To  be  over  25  years  of  age. 
^^  2.  To  be  in  the  enjoyment  of  civil  and  political  rights. 
^■t  3.  To  have  resided  at  least  one  year  in  the  arrondissement  to  be 
Represented. 

Art.  34.  The  members  of  the  Chamber  of  Deputies  shall  be  elected 
'or  two  years,  and  may  be  reelected  indefinitely.    They  shall  begin 
to  discharge  their  office  the  first  Monday  of  April  of  even  numbered 
years. 

Art.  35.  In  case  of  vacancy  by  reason  of  death,  resignation,  dis- 
qualification of  a  deputy,  or  for  any  other  cause,  provision  shall  be 
made  for  a  successor  in  his  electoral  district,  only  for  the  remainder 
of  his  term,  by  a  special  election  called  immediately  by  the  President 
of  the  Republic. 

This  election  shall  take  place  within  a  period  of  30  days  after  the 
convocation  of  the  primary  assembly,  in  accordance  with  Article  107 
of  the  present  Constitution. 

The  same  procedure  shall  take  place  in  case  of  non-election  in  one 
or  several  districts. 

SECTTOX    II. — THE   SENATE. 

Art.  36.  The  Senate  shall  consist  of  15  Senators. 
Their  functions  shall  last  six  years  and  shall  begin  the  first  INfon- 
iay  of  April  of  even  numbered  years. 
They  may  be  reelected  indefinitely. 

Art.  37.  The  Senators  represent  the  departments,  which  are  five 
n  number,  to  wit : 

4  senators  for  the  Department  of  the  West. 
3  each  for  the  Departments  of  the  North,  South  and  the  Artibo- 
lite. 

2  for  the  Department  of  the  North  West. 


300  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Senators  shall  be  elected  by  universal  and  direct  suffrage  in  the 
primary  assemblies  of  the  several  departments  in  accordance  with 
the  manner  and  the  conditions  prescribed  by  law. 

Those  candidates  shall  be  elected  who  shall  have  obtained  the  high- 
est number  of  votes  in  the  departments. 

In  the  first  election  after  the  adoption  of  the  present  Constitution, 
these  elections  shall  take  place  in  the  following  manner : 

In  each  department  the  candidate  who  shall  have  obtained  the 
highest  number  of  votes  shall  be  elected  senator  for  this  department 
for  a  period  of  six  years ;  the  candidate  who  shall  have  obtained  thv^ 
next  highest  number  of  votes  shall  be  elected  for  a  period  of  four 
years. 

In  each  of  the  Departments  of  the  North,  of  the  South  and  of 
the  Artibonite,  the  candidate  who  shall  have  obtained  the  third  high- 
est number  of  votes,  and,  in  the  Department  of  the  West,  the  can- 
didates who  shall  have  obtained  the  third  and  fourth  highest  number 
of  votes,  shall  be  elected  for  a  period  of  two  years. 

In  the  following  and  in  the  regular  elections,  the  candidates  Avho 
shall  have  obtained  the  highest  number  of  votes  in  the  several  depart- 
ments shall  be  elected  for  the  entire  period  of  six  years. 

The  Senate  shall  be  renewed  by  thirds  every  two  years. 

Art.  38.  To  be  elected  senator,  it  shall  be  necessary: 
To  be  over  30  years  of  age. 

To  be  in  the  enjoyment  of  civil  and  political  rights. 
To.  have  resided  at  least  two  years  in  the  department  to  be 
represented. 

Art.  39.  In  case  of  vacancy  by  reason  of  death,  resignation,  dis- 
qualification of  a  senator,  or  any  other  cause,  provision  shall  be 
made  for  a  successor  in  his  department  only  for  the  remainder  of  his 
term,  by  a  special  election  called  immediately  by  the  President  of 
the  Republic. 

This  election  shall  take  place  within  a  period  of  30  days  after 
the  convocation  of  the  primary  assembly,  in  accordance  with  Article 
107  of  the  present  Constitution. 

The  same  procedure  shall  take  place  in  case  of  non-election  in  one 
or  several  departments.  * 

SECTION   III. THE  NATIONAL   ASSEMBLY. 

Art.  40.  The  two  houses  shall  meet  in  National  Assembly,  in  tl 
cases  provided  for  by  the  Constitution. 

The  powers  of  the  National  Assembly  shall  be  limited  and  shi 
not  be  extended  to  any  other  purposes  than  those  which  are  speciall 
assigned  to  it  by  the  Constitution. 

Art.  41.  The  president  of  the  Senate  shall  preside  over  the  Nf 
clonal  Assembly,  the  president  of  the  Chamber  of  Commons  shall 


HAITI.  301 

the  vice-president  of  it,  and  the  secretaries  of  the  Senate  and  of  the 
Chamber  of  Commons  shall  be  the  secretaries  of  .the  National 
x\ssembly. 

Art.  42.  The  attributions  of  the  National  Assembly  shall  be : 

1.  To  elect  the  President  of  the  Republic  and  to  administer  to 
him  the  constitutional  oath. 

2.  To  declare  war,  upon  the  report  of  the  executive  power. 

3.  To  approve  or  to  reject  treaties  of  peace  and  other  inter- 
national treaties  and  conventions. 

Art.  43.  In  the  years  of  regular  presidential  elections,  the  National 
Assembly  shall  proceed  to  the  election  of  the  President  of  the  Re- 
public on  the  second  Monday  in  April  and  shall  not  undertake  any 
other  work,  remaining  in  permanent  session  except  on  Sundays  and 
holidays,  until  the  President  shall  have  been  elected. 

Art.  44.  The  election  of  the  President  of  the  Republic  shall  be 
made  by  secret  ballot  and  by  an  absolute  majority. 

If.  after  the  first  ballot,  no  candidate  has  secured  the  number  of 
votes  required  for  his  election,  a  second  ballot  shall  be  taken.  If  on 
this  second  ballot  no  candidate  is  elected,  the  election  shall  be  con- 
centrated on  the  three  candidates  who  have  obtained  the  highest 
number  of  votes.  If  after  three  ballots  none  of  the  three  has  been 
elected,  the  balloting  shall  be  between  the  two  who  have  received  the 
greatest  number  of  votes,  and  the  one  who  secures  the  majority  of 
votes  cast  shall  be  proclaimed  President  of  the  Republic. 

If  the  votes  of  the  two  candidates  are  equally  divided,  the  election 
shall  be  decided  by  lot. 

Art.  45.  In  case  of  vacancy  of  the  office  of  President, 'the  National 
Assembly  must  convene  within  ten  days,  with  or  without  convocation 
of  the  Council  of  the  Secretaries  of  the  State. 

Art.  46.  The  meetings  of  the  National  Assembly  shall  be  public. 
^Nevertheless,  it  may  resolve  itself  into  a  secret  committee  at  the  re- 
quest of  five  members  and  decide  thereafter  by  an  absolute  majority 
whether  or  not  the  meeting  should  continue  to  be  held  in  public. 

Art.  47.  In  case  of  urgency  at  a  time  when  the  legislative  body  is 
lot  in  session,  the  executive  power  may  convene  the  National  Assem- 
bly in  extra  session. 

He  shall  communicate  to  the  National  Assembly,  through  a  written 
nessage,  the  reasons  for  this  convocation. 

Art.  48.  The  presence  in  the  National  Assembly  of  a  majority  of 
aach  of  the  two  houses  is  necessary  to  pass  its  resolutions;  but  a 
ninority  may  adjourn  from  day  to  day  in  order  to  compel  the  absent 
nembers  to  attend  the  meeting,  according  to  the  manner  and  under 
he  penalties  which  the  National  Assembly  may  prescribe. 


302  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

CHAPTER  II. 

SECTION    I. THE    EXERCISE    OF    THE    LEGISLATIVE    POWER. 

Art.  49.  The  seat  of  the  legislative  body  shall  be  in  the  capital 
of  the  Republic. 

Art.  50.  The  legislative  body  shall  meet  each  year,  without  need 
of  express  convocation,  on  the  first  Monday  of  April. 

The  session  shall  begin  from  the  date  when  the  bureaux  ^  of  the  two 
houses  are  established. 

The  session  shall  last  three  months.  In  case  of  necessity,  this 
period  may  be  extended  to  four  months  by  the  executive  power  or  by 
the  legislative  body. 

The  President  of  the  Republic  may  adjourn  the  houses.  But  the 
adjournment  shall  not  last  over  one  month,  and  more  than  two 
adjournments  shall  not  take  place  during  the  course  of  the  same 
session. 

Art.  51.  In  the  interval  between  sessions,  and  in  case  of  urgency, 
the  President  of  the  Republic  shall  call  the  legislative  body  to  meet 
in  extra  session. 

He  shall  explain  to  them,  by  means  of  a  message,  the  reason  for 
this  measure. 

In  the  case  of  being  called  to  meet  in  extra  session,  the  legislative 
bod}^  shall  not  take  up  any  other  matters  foreign  to  those  for  which 
it  has  been  convened. 

Art.  52.  Each  house  shall  be  the  judge  of  the  election  of  its  mem- 
bers and  shall  decide  absolutely  the  contests  w^hich  may  arise  on  the 
subject. 

Art.  53.  The  members  of  each  house  shall  individually  take  the 
oath  to  maintain  the  rights  of  the  people  and  to  be  faithful  to  the 
Constitution. 

Art.  54.  The  meetings  of  the  two  houses  shall  be  public. 

Each  house  may  resolve  itself  into  a  secret  committee  at  the 
request  of  five  members  and  decide  thereafter  by  an  absolute  ma- 
jority whether  or  not  the  meeting  should  continue  to  be  held  in 
public  in  regard  to  the  same  subject. 

Art.  55.  The  legislative  powder  shall  make  the  laws  on  all  subjects 
of  public  interest. 

The  initiative  [of  the  legislation]  shall  belong  to  each  one  of  the 
two  houses  as  well  as  to  the  executive  power. 

Nevertheless,  the  budgetary  law,  the  law^  concerning  the  assess- 
ment, distribution  and  manner  of  collection  of  taxes  and  contribu- 
tions, the  laws  having  for  their  object  the  creation  of  revenue 
increase  of  the  expenses  of  the  State  shall  be  first  voted  by 
Chamber  of  Deputies. 

1  That  is,  the  officers  and  clerks  necessary  for  the  conduct  of  business. 


HAITI.  303 

In  case  of  disagreement  between  the  two  houses  in  regard  to  these 
laws,  each  house  shall  draw  by  lot  an  equal  number  of  members  to 
form  an  interparliamentary  commission  which  shall  decide  the  dis- 
agreement with  finality. 

*  The  executive  power  has  the  exclusive  right  to  take  the  initiative 
with  laws  regarding  the  public  expenses;  and  neither  of  the  two 
houses  has  the  right  to  increase  in  whole  or  in  part  the  expenses 
proposed  by  the  executive  power. 

Art.  56.  Each  house,  by  its  own  rules,  shall  establish  its  discipline 
and  determine  the  method  under  which  it  shall  exercise  its  attribu- 
tions. 

Each  house  may  impose  disciplinary  penalties  upon  its  members 
for  reprehensible  conduct  and  may  expel  a  member  by  the  vote  of  a 
majority  of  two  thirds  of  its  members. 

Art.  57.  The  members  of  the  legislative  body,  except  in  case  of 
-flagrante  delicto^  of  treason  or  acts  entailing  a  corporal  or  ignomin- 
ious punishment,  shall  not  be  prosecuted  or  arrested  by  way  of  re- 
pression during  the  length  of  the  session  without  the  authorization 
of  the  house  to  which  they  belong. 

In  no  case  shall  they  be  arrested  while  they  are  attending  a  meet- 
ing of  their  house  or  while  they  are  on  their  way  to  and  from  it. 

Art.  58.  Neither  of  the  two  houses  shall  adopt  any  resolutions  with- 
out the  presence  of  an  absolute  majority  of  its  members;  however, 
a  lesser  number  of  members  may  adjourn  from  day  to  day  and  com- 
pel the  absent  members  to  attend  the  meeting  according  to  the 
manner  and  under  the  penalties  which  each  house  may  prescribe. 

Art.  59.  No  act  of  the  legislative  body  shall  be  passed  except  by 
a  number  of  votes  equal  to  or  greater  than  the  majority  of  the  mem- 
bers present,  except  when  otherwise  provided  for  by  the  present 
Constitution. 

Art.  60.  No  bill  shall  be  adopted  by  either  of  the  two  houses 
without  having  been  voted  article  by  article. 

Art.  61.  Each  house  shall  have  the  right  to  amend  antl  revise  the 
articles  and  amendments  proposed.  The  amendments  voted  by  one 
I  house  shall  not  be  made  a  part  of  a  bill  until  they  have  been  voted 
on  by  the  other  house;  and  no  bill  shall  be  enacted  into  law  until 
after  it  has  been  voted  on  in  the  same  form  by  the  tAvo  houses.  Any 
bill  may  be  withdrawn  before  said  bill  is  definitively  voted  upon. 

Art.  62.  Every  law  passed  by  the  legislative  body  shall  be 
immediately  sent  to  the  President  of  the  Republic,  who.  before  pro- 
mulgating it,  has  the  right  to  make  objections  thereto,  in  whole  or 
in  part. 

In  this  case  he  shall  return  the  law  to  the  house  in  which  it  origi- 
nated, together  with  his  objections.  If  the  law  is  amended  by  this 
house,  it  shall  be  sent  to  the  other  house,  together  with  the  objections. 


304  co:n"stitutions  of  the  states  at  war. 

If  the  law  thus  amended  is  passed  by  the  second  house,  it  shall  be 
sent  again  to  the  President  to  be  promulgated. 

If  the  objections  are  rejected  by  the  house  which  originally  passed 
the  bill,  it  shall  be  sent  to  the  other  house,  together  with  the  objec- 
tions. 

If  the  second  house  likewise  votes  to  reject  these  objections,  the 
law  shall  be  sent  to  the  President,  who  shall  then  be  obliged  to  pro- 
mulgate it. 

The  rejection  of  the  objections  shall  be  voted  in  both  houses  by 
a  majority  of  two  thirds  of  each  house;  in  this  case  the  vote  of 
each  house  shall  be  b}^  yeas  and  nays  and  shall  be  noted  doAvn  in 
the  margin  of  the  minutes  beside  the  name  of  each  member  of  the 
Assembly. 

If  two  thirds  of  either  house  shall  not  meet  to  consider  the  rejec- 
tion of  the  objections,  said  objections  shall  be  accepted. 

Art.  63.  The  right  to  object  should  be  exercised  within  eight  days 
from  the  date  of  the  presentation  of  the  law  to  the  President,  exclu- 
sive of  Sundays  and  days  of  adjournment  of  the  legislative  body, 
in  accordance  with  Article  50  of  the  present  Constitution. 

Art.  64.  If,  within  the  period  prescribed  by  the  preceding  article, 
the  President  of  the  Republic  does  not  make  any  objection,  the  law 
shall  be  promulgated,  unless  the  session  of  the  legislative  body  shall 
have  closed  before  the  expiration  of  that  period.  In  this  case  the  law 
shall  be  held  in  abeyance. 

Art.  65.  A  bill  rejected  by  one  of  the  two  houses  shall  not  be  re- 
introduced during  the  same  session. 

Art.  66.  The  laws  and  other  acts  of  the  legislative  body  shall 
become  official  through  the  Moniteur  and  shall  be  inserted  in  the 
bulletin  printed  and  numbered  under  the  title,  Bulletvn  des  Lois. 

Art.  67.  The  law  shall  take  its  date  from  the  day  of  its  definitive 
adoption  by  the  two  houses ;  but  no  law^s  shall  become  obligatory  until 
after  their  promulgation,  which  is  to  be  made  according  to  law. 

Art.  68.  No  one  shall  personally  present  petitions  to  the  legislative 
body. 

Art.  69.  Each  member  of  the  legislative  body  shall  receive  a 
monthly  indemnity  of  one  hundred  and  fifty  dollars,  beginning  from 
his  taking  of  the  oath. 

Art.  70.  The  office  of  member  of  the  legislative  body  is  incom- 
patible with  any  other  office  under  the  pay  of  the  State. 

chapter  III. THE  executive  POWER. 

SECTION   I. — THE  PRESIDENT  OF  THE  REPUBLIC. 

Art.  71.  The  executive  power  shall  be  exercised  by  a  citizen  who 
shall  take  the  title  of  President  of  the  Eepublic. 


HAITI.  305 

Art.  72.  The  President  of  the  Republic  shall  be  elected  for  four 
years. 

He  shall  enter  upon  his  duties  on  15  May,  except  when  he  has 
been  elected  to  fill  a  vacancy;  in  this  case  he  shall  be  elected  for  the 
remainder  of  the  term  and  he  shall' enter  upon  his  duties  imme- 
diately after  his  election. 

The  President  shall  be  eligible  for  immediate  reelection.  A  Presi- 
dent who  has  been  reelected  shall  not  be  elected  for  a  third  term 
unless  after  the  expiration  of  a  period  of  four  years. 

A  citizen  who  has  been  elected  President  three  times  shall  not  be 
eligible  for  that  office. 

Art.  73.  To  be  elected  President  of  the  Republic,  it  shall  be  neces- 
sary : 

1.  To  have  been  born  of  a  Haitian  father  and  never  to  have  re- 
nounced his  nationality. 

2.  To  be  over  40  years  of  age. 

3.  To  be  in  the  enjoyment  of  civil  and  political  rights. 

Art.  74.  The  President  shall,  before  entering  upon  his  duties, 
take  before  the  National  Assembly  the  following  oath : 

I  swear  before  God  and  before  the  nation  to  observe  and  cause  to  be 
observed  faithfully  the  Constitution  and  the  laws  of  the  Haitian  people,  to 
respect  the  rijjhts  of  the  latter,  to  maintain  the  national  independence  and  the 
integrity  of  the  territory. 

Art.  75.  The  President  of  the  Republic  shall  appoint  and  remove 
the  secretaries  of  State. 

He  shall  be  charged  with  seeing  to  the  execution  of  the  treaties  of 
the  Republic. 

He  shall  seal  the  laws  with  the  seal  of  the  Republic  and  shall  pro- 
mulgate them  within  the  time  prescribed  by  Articles  62,  63  and  64. 

He  shall  be  charged  with  the  enforcing  of  the  Constitution  and 
I  the  laws,  acts  and  decrees  of  the  legislative  body  and  of  the  National 
Assembly. 

He  shall  issue  all  the  regulations  and  decrees  necessary  for  this 
I  purpose,  without,  however,  the  power  to  suspend  or  interpret  the 
ilaws,  acts  and  decrees  themselves  or  to  interfere  with  their  enforce- 
ment. 

He  shall  make  appointments  to  public  offices  and  positions,  only 
by  virtue  of  the  Constitution  or  of  some  express  provision  of  a  law 
and  under  the  conditions  therein  prescribed. 

He  shall  provide  according  to  law  for  the  internal  and  external 
•safety  of  the  State. 

He  shall  make  all  international  treaties  or  conventions,  subject 
fto  the  approval  of  the  National  Assembly. 

He  shall  have  the  right  to  grant  pardons  and  commutation  of 
punishment  imposed  by  final  judgments  rendered  in  actual  trial, 


306  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

except  in  cases  of  impeachment  by  the  courts  or  by  the  Chamber  of 
Deputies,  as  is  provided  in  Articles  100  and  101  of  the  present  Con- 
stitution. 

He  shall  grant  amnesty  in  political  matters  according  to  the  pro- 
visions of  the  law. 

He  shall  command  and  direct  the  armed  forces  of  the  Republic 
and  shall  confer  the  grades  according  to  the  law. 

He  shall  have  power  to  demand  a  written  report  from  the  chief 
official  of  each  of  the  ministerial  departments  on  any  subject  relating 
to  the  conduct  of  their  respective  departments. 

Art.  76.  If  the  President  shall  become  temporarily  unable  to  exer- 
cise his  functions,  the  Council  of  the  Secretaries  of  State  shall  be 
charged  with  the  executive  authority  so  long  as  the  disability  exists. 

Art.  77.  In  case  of  vacancy  of  the  office  of  President,  the  Council 
of  the  Secretaries  of  State  shall  be  vested  temporarily  with  the 
executive  power. 

It  shall  immediately  convene  the  National  Assembly  for  the  elec- 
tion of  a  successor  for  the  remainder  of  the  presidential  term. 

If  the  legislative  body  is  in  session,  the  National  Assembl}^  shall 
be  convened  without  delay.  If  the  legislative  body  is  not  in  session, 
the  National  Assembly  shall  be  called  in  accordance  with  Article  45. 

Art.  78.  All  the  acts  of  the  President,  except  the  decrees  appoint- 
ing or  removing  from  office  the  secretaries  of  State,  shall  be  counter- 
signed by  the  secretary  of  State  in  charge  of  the  matter  concerned. 

Art.  79.  The  President  shall  have  no  other  powers  than  those 
formally  attributed  him  by  the  Constitution  and  the  special  laws 
enacted  by  virtue  of  the  Constitution. 

Art.  80.  At  the  opening  of  each  session  the  President,  by  means 
of  a  message,  shall  render  to  each  of  the  two  houses  separately  an 
account  of  his  administration  during  the  year  and  shall  present  the 
general  situation  of  the  Republic  both  at  home  and  abroad. 

Art.  81.  The  President  of  the  Republic  shall  receive  from  the 
public  treasury  an  annual  indemnity  of  tAventy-four  thousand  dol- 
lars. 

Art.  82.  The  President  shall  reside  in  the  National  Palace  of  the 
capital. 

SECTION  II. THE  SECRETARIES   OF   STATE. 

Art.  83.  The  secretaries  of  State  shall  be  five  in  number.  They 
shall  be  distributed  among  the  different  ministerial  departments  as 
the  services  of  the  State  may  require. 

A  decree  shall  determine  this  distribution  in  accordance  with 
the  law. 

Art.  84.  To  be  appointed  secretary  of  State,  it  shall  be  necessary : 

1.  To  be  over  30  years  of  age. 

2.  To  be  in  the  enjoyment  of  civil  and  political  rights. 


HAITI.  307 

Art.  85.  The  secretaries  of  State  shall  meet  in  Council  under  the 
presidency  of  the  President  of  the  Eepublic  or  of  any  one  of  them 
delegated  by  the  President. 

All  deliberations  of  the  Council  shall  be  recorded  in  a  book;  and 
the  minutes  of  each  session  shall  be  signed  by  the  members  of  the 
Council  present  thereat. 

Art.  86.  The  secretaries  of  State  shall  have  the  right  to  the 
floor  of  each  of  the  two  houses  as  well  as  to  that  of  the  National 
Assembly,  but  only  to  discuss  the  bills  proposed  by  the  executive 
power  and  to  support  its  objections  or  to  make  any  other  official 
communication. 

ART.  87.  The  secretaries  of  State  shall  be  responsible,  each  in  that 
which  concerns  him,  both  for  the  acts  of  their  department  and  for 
the  non-execution  of  laws  relating  thereto. 

They  shall  correspond  directly  with  the  authorities  subordinate 
to  them. 

Art.  88.  Each  secretary  of  State  shall  receive  from  the  public 
treasury  an  annual  indemnity  of  six  thousand  dollars. 

CHAPTER  HI   [his]. — THE  JUDICIAL  POWER.^  ; 

Art.  89.  The  judicial  power  shall  be  exercised  by  a  Court  of  Cas- 
sation and  by  inferior  courts,  the  formation  and  jurisdiction  of  wHich 
shall  be  established  by  law. 

Art.  90.  The  judges  of  all  the  courts  shall  be  appointed  by  the 
President  of  the  Republic. 

He  shall  appoint  and  remove  the  officials  of  the  public  ministry 
at  the  Court  of  Cassation  and  the  other  courts,  justices  of  the  peace 
and  their  substitutes. 

Art.  91.  No  one  shall  be  appointed  judge  or  officer  of  the  public 
ministry  who  is  not  over  30  years  of  age,  for  the  Court  of  Cassa- 
tion, or  over  25  years,  for  the  other  courts. 

Art.  92.  The  Court  of  Cassation  shall  take  no  cognizance  of  the 
subject-matter  of  cases.  Nevertheless,  in  all  matters,  except  such  as 
have  been  passed  upon  by  jury,  when  the  same  case  shall  be  presented 
again  by  the  same  parties  upon  an  appeal,  even  upon  an  exception, 
the  Court  of  Cassation,  admitting  the  appeal,  shall  not  remand  the 
case,  but  shall  pass  a  decision  upon  the  subject  matter,  in  full  bench. 

Art.  93.  The  judges  of  the  Court  of  Cassation,  the  judges  of  the 
courts  of  appeal  and  of  first  instance  shall  enjoy  irremovability. 

The  law  shall  regulate  the  conditions  upon  which  they  shall  cease 
to  enjoy  the  privilege  of  irremovability  and  the  manner  of  their 
retirement  on  account  of  age  or  any  other  disability  or  by  reason  of 
the  suppression  of  the  court. 

1  This  repetition  in  the  numbering  of  the  chapters  is  obviously  a  typogi'aphical  error. 


308  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

They  shall  not  be  transferred  from  one  court  to  another  or  en- 
trusted Avith  other  functions,  even  if  superior,  without  their  formal 
consent. 

Art.  94.  Judicial  functions  are  incompatible  with  all  other  salaried 
public  functions. 

Incompatibility  resulting  from  relationship  or  marriage  shall  be 
regulated  by  law. 

The  law  shall  also  regulate  the  conditions  required  to  be  a  judge 
of  any  rank. 

Art.  95.  Commercial  litigation  shall  be  submitted  to  the  courts 
of  the  first  instance  and  the  justices  of  the  peace,  in  accordance  with 
the  Code  of  Commerce. 

Art.  96.  The  sittings  of  the  courts  shall  be  public,  unless  it  is 
deemed  that  publicity  is  detrimental  to  public  order  or  good  morals ; 
in  this  case  a  declaration  to  that  effect  shall  be  made  by  the  court. 

The  hearing  in  cases  of  political  offenses  or  of  offenses  committed 
through  the  press  shall  never  be  secret. 

Art.  97.  Every  decree  or  decision  shall  state  the  grounds  upon 
which  it  is  rendered;  it  shall  be  rendered  in  open  court. 

Art.  98.  The  Court  of  Cassation  shall  take  cognizance  and  pro- 
nounce upon  conflicts  of  attributions  in  the  manner  established  by 
law. 

It  shall  be  competent  in  all  cases  decided  by  a  court  martial  and 
brought  before  it  on  the  ground  of  lack  of  competence  or  excess  of 
jurisdiction  of  that  court. 

xVrt.  99.  The  Court  of  Cassation,  in  full  bench,  shall  decide  upon 
the  constitutionality  of  the  laws. 

The  courts  should  refuse  to  apply  all  those  laws  which  have  been 
declared  unconstitutional  by  the  Court  of  Cassation. 

They  shall  not  apply  the  decrees  and  regulations  of  the  adminis- 
tration which  are  not  in  accordance  with  the  law. 

chapter   IV. THE   PROSECUTION    AGAINST   THE    3IEMBERS    OF    THE    STATE 

POWERS. 

Art.  100.  The  Chamber  of  Deputies  has  the  right  to  impeach  the 
President  and  indict  him  before  the  Senate  for  high  treason  or  any 
other  crime  or  offense  committed  by  him  in  the  exercise  of  his 
functions. 

It  may  also  impeach : 

1.  The  secretaries  of  State  in  case  of  malversation,  treason, 
abuse  or  excess  of  their  powers  or  any  other  crime  or  offense  com- 
mitted in  the  exercise  of  their  functions. 

2.  The  members  of  the  Court  of  Cassation,  of  one  of  its  sections,] 
or  of  any  officer  of  the  public  ministry  connected  vdth  the  Court  of 
Cassation,  m  case  of  prevarication. 


HAITI.  309- 

The  impeachment  shall  not  be  pronounced  except  by  a  majority  of 
two  thirds  of  the  members  of  the  Chamber.  By  virtue  thereof,  the 
Chamber  indicts  the  accused  before  the  Senate  sitting  as  a  High 
Court  of  Justice.  xVt  the  opening  of  the  hearing  each  member  of 
the  High  Court  of  Justice  shall  take  oath  to  judge  with  impartiality 
and  firmness  proper  to  an  honest  and  free  man,  following  his 
conscience  and  his  intimate  conviction. 

When  the  President  of  the  Republic  is  on  trial,  the  president  of 
the  Court  of  Cassation  shall  preside. 

The  High  Court  of  Justice  shall  not  impose  any  other  penalty  than 
deposition,  dismissal  and  deprivation  of  the  right  to  exercise  any 
public  function  for  not  less  than  one  year  nor  more  than  five  years; 
but  the  guilty  party  may  be  indicted  before  the  ordinary  courts  in 
accordance  with  the  law,  if  there  is  reason  for  imposing  other  penal- 
ties or  deciding  upon  the  institution  of  civil  proceedings. 

No  one  shall  be  tried  or  sentenced  except  by  a  majority  of  two 
thirds  of  the  members  of  the  Senate. 

The  time  fixed  for  the  duration  of  the  session  of  the  legislative 
body  in  Article  50  of  the  present  Constitution  shall  not  serve  to  put 
an  end  to  the  prosecution,  when  the  Senate  is  sitting  as  a  High  Court 
of  Justice. 

Art.  101.  In  case  of  prevarication,  any  judge  or  official  of  the 
public  ministry  shall  be  impeached  by  one  of  the  sections  of  the 
Court  of  Cassation. 

In  case  of  a  whole  court,  the  impeachment  shall  be  pronounced  by 
the  Court  of  Cassation,  in  full  bench. 

Art.  102.  The  law^  shall  regulate  the  mode  of  procedure  against 
the  President  of  the  Republic,  the  secretaries  of  State  and  the  judges 
in  the  case  of  crimes  or  offenses  committed  by  them  either  in  the 
exercise  of  their  functions  or  outside  thereof. 

CHAPTER  IV. COMMUNAL  INSTITUTIONS. 

Art.  108.  There  shall  be  one  council  for  each  commune. 

The  president  of  the  communal  council  has  the  title  of  communal 
magistrate. 

This  institution  shall  be  regulated  by  law. 

The  law  shall  determine  in  the  comiiiiincs  or  in  the  arrondisements 
the  civil  officials  who  shall  represent  directly  the  executive  power. 

Art.  104.  The  following  principles  must  form  the  bases  of  the 
communal  institutions : 

1.  The  election  by  the  primary  assemblies  of  the  communal  coun- 
cils every  two  years. 

2.  The  attribution  to  the  communal  councils  of  all  that  may  be 
of  interest  to  the  commune,  subject,  however,  to   subsequent   ap- 


310  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

proval  of  their  acts  in  the  cases  and  in  the  manner  determined  by 
law. 

3.  The  publicity  of  the  meetings  of  the  councils  within  the  limits 
established  by  law. 

4.  The  publicity  of  budgets  and  accounts. 

5.  The  intervention  of  the  executive  power  to  prevent  the  coun- 
cils from  going  beyond  their  attributions  and  doing  injury  to  the 
general  interests. 

Art.  105.  The  communal  magistrates  shall  be  paid  by  their  com- 
mune. 

Art.  106.  The  communal  council  shall  not  spend  every  month  more 
than  one  twelfth  of  the  total  amount  voted  for  its  budget. 

CHAPTER  V. PRIMARY  ASSEMBLIES. 

Art.  107.  The  primary  assemblies  shall  meet  without  previous 
convocation  in  their  respective  communes  on  10  January  of  each 
even-numbered  year  in  the  manner  and  form  established  by  law. 

They  shall  have  for  their  object  the  election,  at  the  times  fixed  by 
the  Constitution,  of  the  deputies  of  the  people,  the  senators  of  the 
Republic,  the  communal  councilors,  and  to  decide  on  the  amendments 
proposed  to  the  Constitution. 

They  shall  not  take  cognizance  of  any  other  matters  than  those  at- 
tributed to  them  by  the  present  Constitution. 

They  are  bound  to  adjourn  sine  die  as  soon  as  this  object  is  ac- 
complished. 

Art.  108.  The  law  establishes  the  conditions  required  to  exercise 
the  right  of  suffrage  in  the  primary  assemblies. 

Title  IV. — Finances. 

Art.  109.  The  imposts  for  the  benefit  of  the  State  and  of  the 
communes  shall  only  be  established  by  a  law. 

No  charge  shall  be  levied  on  the  communes  except  upon  the  forma] 
consent  thereof. 

Art.  110.  The  laws  establishing  the  imposts  shall  be  enforced  onlyj 
for  one  year. 

Art.  111.  No  distinction  in  regard  to  imposts  shall  ever  be  made. 
No  exemption,  no  increase  or  decrease  of  imposts  shall  be  made] 
except  by  a  law. 

Art.  112.  No  pension,  gratuity,  subvention  or  subsidy  of  any  kind, 
to  be  paid  by  the  public  treasury,  shall  be  granted  except  by  virtue 
of  a  law^  proposed  by  the  executive  power. 

Art.  113.  The  simultaneous  holding  of  offices  under  the  pay  of  the 
State  is  formally  prohibited,  except  positions  in  secondary  or  highei 
education. 


HAITI.  311 

Art.  114.  The  budget  submitted  by  each  secretan^  of  State  shall  be 
divided  into  chapters  and  must  be  voted  by  articles. 

The  shifting  of  appropriations  is  forbidden. 

The  Secretary  of  State  for  Finance  shall  be  bound,  on  his  personal 
responsibility,  not  to  disburse  each  month,  for  the  benefit  of  each 
ministerial  department,  more  than  one  twelfth  of  the  amount  appro- 
priated in  its  own  budget ;  an  exception  may  be  made  for  extraordi- 
nary cases  by  decision  of  the  Council  of  the  Secretaries  of  State. 

The  general  accounts  of  the  receipts  and  expenditures  of  the  Re- 
public shall  be  kept  by  the  Secretary  of  State  for  Finance  under  the 
system  of  accounting  to  be  established  by  law. 

The  fiscal  year  begins  on  1  October  and  ends  on  30  September  of 
the  following  year. 

Art.  115.  Every  j^ear  the  legislative  body  shall  settle: 

1.  The  accounts  of  receipts  and  expenditures  for  the  preceding 
year  or  years. 

2.  The  general  budget  of  the  State  containing  the  rough  estimate 
and  the  portion  of  the  funds  assigned  annually  to  each  secretary  of 
State.  But  no  resolution  or  amendment  shall  be  introduced  with  the 
budget  for  the  purpose  of  reducing  or  increasing  the  salaries  of 
public  officials. 

All  changes  of  this  nature  shall  only  be  effected  by  an  amendment 
of  the  laAv. 

Art.  116.  The  general  accounts  and  the  budgets  provided  for  in 
the  preceding  article  should  be  submitted  to  the  legislative  body  by 
the  Secretary  of  State  for  Finance  at  the  latest  within  eight  days  of 
the  opening  of  the  legislative  session. 

The  examination  and  the  liquidation  of  the  accounts  of  the  general 
administration  and  of  all  accounts  against  the  public  treasury  shall 
be  made  according  to  the  manner  established  by  law. 
•  Art.  117.  In  case  the  legislative  body,  for  any  reason  whatever, 
should  fail  to  approve  the  budget  of  one  or  more  of  the  ministerial 
departments  before  its  adjournment,  the  budget  or  budgets  of  the 
interested  departments  in  force  for  the  current  budgetary  year  shall 
be  maintained  for  the  following  budgetary  year. 

Title  Y. — The  Public  Force. 

Art.  118.  An  armed  force  to  be  known  as  the  Gendarmerie  d-riaiti 
shall  be  established  to  preserve  order,  guarantee  the  rights  of  the 
people  and  police  the  cities  and  the  country. 

It  shall  be  the  only  aiTn'ed  force  of  the  Republic. 

Art.  119.  The  regulations  for  the  maintenance  of  discipline  in  the 
Gendarmerie  and  the  repression  of  the  offenses  committed  by  those 
who  compose  it  shall  be  established  by  the  executive  power.  These 
regulations  shall  have  the  force  of  law. 


312  CONSTITUTIONS   OF   THE   STATES   AT   WAE. 

These  regulations  shall  establish  the  organization  of  the  courts 
martial  of  the  Gendarmerie,  shall  prescribe  their  poAAxrs  and  shall 
determine  the  obligations  of  their  members  and  the  rights  of  the 
individuals  who  are  to  be  judged  by  them. 

The  sentences  pronounced  by  courts  martial  of  the  Gendarmerie 
sliall  be  subject  only  to  revision  by  the  Court  of  Cassation,  and  this 
revision  shall  be  confined  to  questions  of  jurisdiction  and  of  excess 
of  powers. 

Title  VI. — General  Provisions. 

Art.  120.  The  national  colors  shall  be  blue  and  red  horizontally 
placed.  I 

The  coat  of  arms  of  the  Republic  shall  consist  of  a  palm  tree  sur- 
mounted by  a  cap  of  liberty  adorned  by  a  trophy  Avith  the  legend: 
"  L'Union  fait  la  force." 

Art.  1-21.  No  oath  shall  be  required  except  by  virtue  of  the  Consti- 
tution or  of  a  law. 

Art.  122.  The  national  holidays  shall  be:  That  of  the  Independ- 
ence, 1  January,  and  that  of  Agriculture,  1  May. 

The  legal  holidays  shall  be  determined  by  law. 

Art.  123.  No  laAV,  decree  or  rule  of  the  public  administration  shall 
be  obligatory  until  it  has  been  published  in  the  form  established 
by  law. 

Art.  124.  All  elections  shall  be  made  by  secret  ballot. 

Art.  125.  The  state  of  siege  shall  not  be  declared  except  where  the 
external  or  internal  security  is  in  imminent  peril. 

The  act  of  the  President  of  the  Republic  declaring  a  state  of  siege 
must  be  countersigned  b}-  the  majority  of  the  secretaries  of  State 
present  in  the  capital. 

An  account  shall  be  rendered  of  it  at  the  opening  of  the  houses 
by  the  executive  power. 

Art.  126.  The  effects  of  the  state  of  siege  shall  be  regulated  by  a 
S]Decial  law. 

Art.  127.  The  present  Constitution  and  all  the  treaties  actually  in 
force  or  to  be  concluded  hereafter,  and  all  the  laws  decreed  in  accord- 
ance with  this  Constitution  or  with  these  treaties,  shall  constitute 
the  law  of  the  country,  and  their  relative  superiority  shall  be  deter- 
mined by  the  order  in  which  they  are  here  mentioned. 

All  the  provisions  of  the  laws  which  are  not  contrary  to  the  pro- 
visions of  this  Constitution  or  to  the  treaties  actually  in  force  or  to 
be  concluded  hereafter,  shall  be  maintained  until  they  have  been 
formally  abrogated  or  amended ;  but  those  which  are  contrary  thereto 
shall  be  and  shall  remain  abrogated. 


HAITI.  313 

Title  VII. — The  Revision  of  the  Constitution. 

Art.  128.  The  amendments  of  the  Constitution  must  be  adopted 
by  the  majority  of  votes  of  all  the  electors  of  the  Republic.  Each  of 
the  two  branches  of  the  legislative  power,  or  the  President  of  the 
Republic,  through  a  message  to  the  legislative  power,  may  propose 
amendments  to  the  present  Constitution. 

The  amendments  proposed  shall  not  be  subject  to  popular  ratifica- 
tion until  after  their  adoption  by  a  two-thirds  majority  of  each  legis- 
lative house  sitting  separately. 

These  amendments  shall  then  be  published  immediately  in  the 
Moniteur, 

For  three  months  before  voting  on  the  proposed  amendments,  the 
texts  thereof  shall  be  posted  by  each  communal  magistrate  in  the 
principal  public  places  of  his  commune,  and  shall  be  printed  and 
published  twice  a  month  in  the  newspapers. 

At  the  next  biennial  session  of  the  primary  assemblies,  the  pro- 
posed amendments  shall  be  submitted  to  vote,  one  by  one,  by  yeas  and 
nays,  in  secret  and  separate  ballot,  and  those  amendments  which 
should  have  obtained  the  absolute  majority  of  votes  in  all  the  terri- 
tory of  the  Republic  shall  become  an  integral  part  of  the  Constitu- 
tion from  the  day  on  which  the  legislative  body  convenes. 

SPECIAL  ARTICLE. 

All  the  acts  of  the  Government  of  the  United  States  during  its 
military  occupation  of  Haiti  are  ratified  and  validated. 

A.  No  Haitian  shall  be  amenable  to  civil  of  criminal  prosecutions 
by  reason  of  any  act  executed  by  virtue  of  orders  received  during  the 
occupation  or  under  its  authority. 

The  acts  of  the  courts  martial  during  the  occupation  shall  not  be 
■subject  to  revision,  without  prejudice,  however,  to  the  right  of 
pardon. 

The  acts  of  the  executive  power  performed  up  to  the  promulga- 
tion of  the  present  Constitution  are  likewise  ratified  and  validated. 

Title  YIII. — Transitory  Provisions. 

Art.  a.  The  duration  of  the  mandate  of  the  citizen  President  of 
the  Republic  at  the  moment  of  the  adoption  of  the  present  Constitu- 
tion shall  come  to  an  end  on  15  May  1922. 

Art.  B.  The  duration  of  the  mandate  of  the  communal  councilors 
existing  at  the  time  of  the  adoption  of  the  present  Constitution  shall 
come  to  an  end  in  January,  1920. 

Art.  C.  The  first  election  of  members  of  the  legislative  body  after 
the  adoption  of  the  present  Constitution  shall  take  place  on  10  Janu- 
ary of  an  even-numbered  year. 
88381—19 21 


314 


CONSTITUTIONS   OF   THE   STATES   AT  WAR. 


The  year  shall  be  fixed  by  a  decree  of  the  President  of  the  Ee- 
pubiic  published  at  least  three  months  before  the  meeting  of  the 
primary  assemblies. 

The  session  of  the  legislative  body  then  elected  shall  convene  on 
the  constitutional  date  immediately  following  the  first  election. 

Art.  D.  a  Council  of  State,  created  in  accordance  with  the  same 
principles  as  those  of  the  decree  of  5  April  1916  and  composed  of 
21  members  distributed  among  the  different  departments,  shall  exer- 
cise the  legislative  power  until  the  legislative  body  is  constituted,  on 
which  date  the  Council  of  State  shall  cease  to  exist. 

Art.  E.  The  irremovability  of  judges  shall  be  suspended  for  a 
period  of  six  months  beginning  from  the  date  of  the  promulgation 
of  the  present  Constitution. 


HONDURAS. 

The  first  separate  Constitution  of  the  Republic  of  Honduras  dates 
from  11  December  1825.  After  the  dissolution  of  the  Central  Ameri- 
can Federation,  Honduras  remodeled  its  Constitution  on  11  January 
1839.  This  Constitution  has  been  modified  on  several  occasions:  4 
February  1848,  29  September  1865,  23  December  1873,  1  November 
1880 1  and  14  October  1894.  But  the  wars  and  dictatorships  which 
succeeded  each  other  almost  without  interruption  for  fifty  years 
have  caused  the  suspension  or  non-observance  of  these  texts,  the 
majority  of  which  have  remained  dead  letters.  The  Constitution  in 
force  today  is  still  that  of  1894.  Replaced  by  a  new  Constitution 
on  2  September  1904,^  it  was  restored  ^  shortly  after  with  a  single 
modification  (abolishment  of  the  institution  of  the  jury).* 


CONSTITUTION  OF  14  OCTOBER  1894.^ 

[Preamble.] 

We,  the  representatives  of  the  people  of  Honduras,  having  assem- 
bled to  formulate  the  fundamental  law  of  the  nation,  declare  and 
sanction  the  following  Political  Constitution. 

TiTLGE  I. — The  Nation. 

Article  1.  Honduras  is  a  State  disjoined  from  the  Republic  of 
Central  America.  In  consequence,  it  recognizes  as  a-  most  pressing 
necessity  its  reunion  with  the  other  States  of  the  dissolved  Republic. 
To  this  effect  the  legislative  power  is  authorized  to  definitively  ratify 
the  treaties  which  aim  to  accomplish  this  reunion  with  one  or  more 
of  the  States  of  the  old  Federation. 

Art.  2.  Honduras  is  a  free,  sovereign  and  independent  nation. 

Art.  3.  The  national  sovereignty  resides  essentially  in  the  univer- 
sality of  Hondurans. 

1  English  translation  In  the  British  and  Foreign  State  Papers,  71 :  pp.  906-921. 

>  Spanish  text  and  English  translation  in  parallel  columns  in  J.  I.  Rodriguez,  American 
Constitutions  (Washington.  1906),  vol.  i,  pp.  860-389.  English  translation  also  in  the 
BHtish  and  Foreign  State  Papers.  100  :  pp.  1072-1089. 

•See  Mensaje  del  Presidente  (Tegucigalpa,  1909),  p.  10. 

*  This  introductory  paragraph  is  based  upon  F.  R.  Darestb  dt  P.  Daresth,  Les  Con- 
ttitutions  modernes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  563-564. 

"  Translated  by  Antonio  M.  Opisso  from  the  official  Spanish  text. 

315 


316  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  4.  All  public  power  emanates  from  the  people.  The  func- 
tionaries of  the  State  have  no  further  authority  than  that  expressly 
given  to  them  by  law.  All  acts  executed  by  them  outside  of  the  law 
are  null. 

Art.  5.  The  limits  of  Honduras  and  its  territorial  divisions  shall 
be  determined  by  law. 

Title  II. — Hondurans. 

Art.  6.  Hondurans  are  either  natives  or  naturalized. 
Art.  7.  The  following  are  natives : 

1.  Those  who  are  born  in  Honduras  of  Honduran  parents. 

2.  Children  born  in  Honduras  of  foreigners  domiciled  there  and 
children  of  a  Honduran  father  or  mother  born  abroad  Avho  should 
choose  Honduran  nationality. 

The  provisions  of  the  last  paragraph  may  be  modified  by  treaty, 
provided  there  is  reciprocity. 

Art.  8.  Children  of  the  other  Republics  of  Central  America  who 
declare  before  the  highest  political  departmental  authorities  their 
desire  to  become  Hondurans  are  considered  as  natives. 

Art.  9.  The  f ollow^ing  are  naturalized : 

1.  Spanish- Americans  who  have  resided  one  year  in  the  country 
and  who  declare,  before  the  proper  authority,  their  desire  to  be  nat- 
uralized therein. 

2.  Other  foreigners  who  have  resided  two  years  in  the  country 
and  who  declare,  before  the  aforesaid  authority,  their  desire  to  be 
naturalized  therein. 

3.  Those  who  obtain  naturalization  papers  from  the  authority 
designated  by  the  law. 

Title  III. — Foreigners. 

Art.  10.  The  Republic  of  Honduras  is  a  sacred  asylum  for  all  who 
may  take  refuge  in  its  territor}^ 

Art.  11.  Foreigners,  from  the  moment  of  their  arrival  in  the  ter- 
ritory of  the  Republic,  are  obliged  to  respect  the  authorities  and  to 
observe  the  laws. 

Art.  12.  Foreigners  enjoy  in  Honduras  all  the  civil- rights  of  Hon- 
durans. 

Art.  13.  They  may  acquire  every  kind  of  property  in  the  country ; 
but  with  regard  to  their  property,  they  shall  be  subject  to  all  the 
ordinary  taxes  and  to  those  extraordinary  taxes  of  a  general  charac- 
ter to  which  Hondurans  are  liable. 

Art.  14.  They  shall  not  present  claims  or  demand  any  indemnity^ 
from  the  State  except  in  such  cases  and  in  such  form  as  Hondurans 
may  do  so. 


HONDURAS.  317 

Art.  15.  Foreigners  shall  not  have  recourse  to  diplomatic  interven- 
tion except  in  cases  of  denial  of  justice.  For  this  purpose  a  judicial 
decision  unfavorable  to  the  claimant  is  not  understood  to  be  a  denial 
of  justice.  If,  in  contravention  of  this  provision,  they  do  not  termi- 
nate their  claims  in  an  amicable  manner  and  cause  injury  to  the  coun- 
tr}^,  they  shall  forfeit  the  right  to  live  therein. 

Art.  16.  Extradition  shall  be  granted  only  by  virtue  of  a  law  or 
of  treaties,  for  serious  common  crimes;  never  for  political  crimes, 
even  if,  in  consequence  of  the  latter,  a  common  crime  should  ensue. 

Art.  17.  The  laws  shall  establish  the  form  and  the  cases  in  which 
a  foreigner  may  be  denied  entry  into  the  territory  of  the  nation,  or 
his  expulsion  ordered,  because  of  his  being  considered  pernicious. 

Art.  18.  Laws  and  treaties  shall  define  the  use  of  these  guarantees, 
without  the  power  to  diminish  or  alter  them. 

Art.  19.  The  provisions  of  this  title  do  not  modify  the  treaties  now 
existing  between  Honduras  and  other  nations. 

Title  IV. — Citizens. 

Art.  20.  All  Hondurans  over  21  years  of  age,  and  those  over  18 
who  are  married  or  know  how  to  read  and  write,  are  citizens. 

Art.  21.  The  following  are  the  rights  of  the  citizen:  To  vote,  to 
apply  for  public  offices  and  to  possess  and  carry  arms,  all  in  accord- 
ance with  the  law. 

Art.  21.  The  rights  of  citizenship  are  suspended: 

1.  By  an  order  for  imprisonment  or  a  declaration  that  there 
are  grounds  for  indictment. 

2.  By  vagrancy  legally  established. 

3.  By  disorder  of  the  metal  faculties  judicially  established. 

4.  By  a  sentence  depriving  the  subject  of  political  rights,  during 
I  the  service  of  such  sentence. 

5.  By  having  been  declared  a  fraudulent  debtor,  until  judicial 
[rehabilitation  is  obtained. 

6.  By  a  sentence  which  imposes  a  penalty  higher  than  a  cor- 
irectional  penalty. 

7.  By  accepting  employment  from  foreign  States  without  per- 
:  mission  of  the  proper  authorities.  The  Republics  of  Central  Amer- 
dea  are  not  considered  foreign  States. 

Art.  23.  Active  suffrage  can  not  be  renounced  and  is  obligatory 
ito  all  citizens. 

Art.  24.  Suffrage  shall  be  direct  and  secret.  Elections  shall  be 
carried  out  in  the  form  prescribed  by  law,  and  the  law  shall  give 

corresponding  representation  to  minorities. 

Art.  25.  Only  citizens  over  21  years  of  age,  who  are  in  the  exercise 
•;0f  their  rights,  can  qualify  for  election. 


318  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Title  V. — Rights  and  Guarantees. 

Art.  26.  The  Constitution  guarantees  to   all  the  inhabitants  of 
Honduras,  whether  nationals  or  foreigners,  the  inviolability  of  hu-  J 
man  life,  individual  security,  liberty,  equality  and  property  rights.      1 

INVIOLABILITY    OF    HUMAN    LITE. 

Art.  27.  Capital  punishment  is  absolutely  abolished  in  Honduras. 

INDIVIDUAL  SECURITY. 

Art.  28.  The  Constitution  recognizes  the  guarantee  of  habeas 
corpus.  Consequently  every  person  illegally  detained,  or  any  other 
person  in  his  name,  has  the  right  to  have  recourse  to  the  court,  ver- 
bally or  in  writing,  demanding  the  production  of  the  person.  1 

Art.  29.  Every  person  has  the  right  to  ask  for  protection  against 
any  attempt  or  arbitrary  proceedings  of  which  he  may  be  a  victim, 
and  to  make  effective  the  exercise  of  all  the  guarantees  which  this 
Constitution  establishes,  when  he  has  been  wrongfully  restrained 
in  the  enjoyment  thereof,  by  law  or  by  the  acts  of  any  public  au- 
thority, agent  or  functionary. 

Art.  30.  A  warrant  of  arrest  which  does  not  emanate  from  the 
competent  authority,  or  which  has  been  issued  without  the  legal 
formalities,  is  illegal. 

Art.  31.  Detention  for  the  purpose  of  inquiry  shall  not  exceed  six 
days. 

Art.  32.  The  solitary  confinement  of  the  person  detained  shall  not 
exceed  24  hours. 

Art.  33.  No  order  for  imprisonment  may  be  made  without  full 
proof  before  the  arrest  that  a  crime  has  been  committed  which  is 
punishable  with  a  penalty  higher  than  a  correctional  penalty  and 
without  at  least  reasonable  presumption  as  to  who  the  author  is. 

Art.  34.  Imprisonment  or  arrest  is  permitted,  through  sentence  or 
judicial  order,  in  such  cases  and  for  such  periods  as  are  provided  by 
the  law.  The  judicial  order  shall  not  be  for  a  period  exceeding  30 
days. 

Art.  35.  An  offender  in  flagrante  delicto  may  be  apprehended  by 
any  person  for  the  purpose  of  handing  him  over  immediately  to  the 
authority  having  the  right  to  arrest. 

Art.  36.  No  one  may  be  imprisoned  or  detained  except  in  such 
places  as  the  law  determines. 

Art.  37.  Even  with  a  warrant  for  imprisonment,  no  one  can  be 
taken  to  prison,  or  detained  therein,  if  he  furnishes  sufficient  bail, 
when  a  greater  penalty  than  three  years  is  not  applicable  for  the 
offense. 


HONDURAS.  319 

Art.  38.  No  one  may  be  judged  by  special  commissions  or  by 
judges  other  than  those  designated  by  the  law. 

Art.  39.  Imprisonment  for  debts  is  forbidden  except  in  cases  of 
fraud. 

Art.  40.  The  right  of  defense  is  inviolable. 

Art.  41.  In  criminal  cases  no  one  can  be  obliged  to  give  evidence 
against  himself  or  against  his  spouse  or  relatives  within  the  fourth 
degree  of  consanguinity  or  the  second  degree  of  aflSnity. 

Art.  42.  No  one  may  be  molested  or  prosecuted  on  account  of  his 
opinions.  Private  actions  which  do  not  interfere  with  morality  or 
public  order,  or  which  do  not  injure  third  parties,  will  always  be 
beyond  the  action  of  the  law. 

Art.  43.  Whipping  or  beating  with  cudgels  and  all  kinds  of  tor- 
ture are  absolutely  forbidden.  Unnecessary  imprisonment  and  all 
undue  rigor  are  also  forbidden. 

Art.  44.  The  dwelling  of  every  individual  is  a  sacred  asylum 
which  shall  not  be  forcibly  entered  except  by  the  authorities  in  the 
following  cases: 

1.  To  take  out  of  it  a  criminal  surprised  in  flagrante  delicto. 

2.  When  an  offense  is  committed  inside  of  the  dwelling;  when 
some  scandalous  disturbance  requiring  prompt  remedy  has  taken 
place  therein,  or  when  so  requested  from  the  interior  of  the  house. 

3.  In  case  of  fire,  earthquake,  flood,  epidemic  or  any  other 
analogous  emergency. 

4.  To  release  a  person  unlawfully  sequestered. 

5.  To  remove  objects  sought  by  virtue  of  a  process,  provided 
there  is  at  least  partial  proof  of  the  existence  of  said  objects,  or  to 
execute  a  judicial  order  legally  issued. 

6.  To  arrest  parties  whose  imprisonment  or  detention  has  been 
ordered,  provided  there  is  at  least  partial  proof  that  they  are  con- 
cealed in  the  house  to  be  forcibly  entered. 

In  the  two  cases  last  mentioned  the  forcible  entry  shall  not  take 
place  without  the  written  order  of  the  competent  authority. 
•  Art.  45.  When  the  dwelling  place  to  be  entered  is  not  the  domicile 
of  the  party  pursued,  the  authority  or  its  agents  shall  previously 
ask  the  permission  of  the  tenant. 

Art.  46.  The  forcible  entry  of  a  domicile  in  those  cases  which  re- 
quire a  written  order  shall  not  be  made  between  the  hours  of  seven 
o'clock  in  the  evening  and  six  o'clock  in  the  morning. 

Art.  47.  Private  correspondence  by  letter  or  telegram,  private 
papers  and  commercial  books  are  inviolable.  In  no  case  shall  the 
executive  power  or  the  agents  thereof  intercept,  open  or  detain 
private  letters  or  telegrams.  Correspondence  intercepted,  whether 
at  post-offices  or  any  other  place,  shall  not  be  admitted  in  evidence. 


320  CONSTITUTIONS   OF  THE   STATES   AT  WAR. 

Art.  48.  Private  correspondence,  papers  and  books  shall  only  be 
seized  by  order  of  a  competent  court  in  the  cases,  whether  civil  or 
criminal,  which  the  law  may  determine;  said  correspondence  must 
be  examined  in  the  presence  of  the  person  possessing  it,  or  if  absent, 
in  the  presence  of  two  witnesses,  and  those  papers  which  have  no 
bearing  upon  the  matter  under  investigation  shall  be  returned. 

Art.  49.  The  enactment  of  laws  providing  for  proscription,  con- 
fiscation or  the  establishment  of  infamous  or  perpetual  penalties  is 
hereby  forbidden.  The  duration  of  the  penalties  shall  not  exceed 
fifteen  years. 

Art.  50.  Laws  shall  not  have  retroactive  effect  except  in  criminal 
cases,  where  the  new  law  is  favorable  to  the  delinquent. 

Art.  51.  The  police  force  shall  only  be  entrusted  to  the  civil 
authorities. 

Art.  52.  No  penalty  higher  than  correctional  shall  be  imposed  ex- 
cept after  a  jury  has  found  the  delinquent  guilty. 

LIBERTT. 

Art.  53.  A  slave  who  enters  on  the  territory  of  Honduras  becom( 
free.     Slave  traffic  is  a  crime. 

Art.  54.  The  free  exercise  of  all  religions,  limited  only  by  morality 
and  public  order,  is  guaranteed. 

Art.  55.  The  civil  status  of  persons  shall  not  be  subject  to  an; 
specified  religious  belief. 

Art.  56.  The  expression  of  thought,  written  or  spoken,  is  free,] 
and  the  law  shall  not  restrict  it.  Neither  shall  the  law  prevent  the  cir- 
culation of  national  or  foreign  printed  matter.  Offenses  committed^ 
through  the  press  shall  be  previously  qualified  by  the  jury. 

Art.  57.  Free  education  is  guaranteed.  Education  supported  by] 
public  funds  shall  be  laical,  and  primary  education  shall  be  also] 
gratuitous,  obligatory  and  subsidized  by  the  State.  The  law  shall! 
regulate  education  without  restricting  its  liberty  or  the  independence) 
of  its  professors. 

Art.  58.  The  liberty  of  meeting  unarmed  and  of  forming  associa- 
tions for  any  legal  object  is  guaranteed.    The  establishment  of  anyj 
kind  of  monastic  associations  is  forbidden. 

Art.  59.  All  industries  are  free.  Only  spirits,  gunpowder,  salt- 
peter and  tobacco  can  be  made  a  monopoly  for  the  benefit  of  th( 
nation. 

Art.  60.  Monopolies,  privileges  and  concessions  can  only  be  estab-j 
lished  for  a  limited  time  for  the  purpose  of  stimulating  the  intrc 
duction  or  improvement  of  new  industries,  colonization  or  emigra^ 
tion,  institution  of  credit  and  the  opening  up  of  means  of  com- 
munication. 


HONDURAS.  321 

Art.  61.  Every  one  is  at  liberty  to  dispose  of  his  property,  in  ac- 
cordance with  the  civil  law,  by  sale,  donation,  will  or  any  other  legal 
title. 

Art.  62.  Entails  and  all  institutions  in  favor  of  religious  estab- 
lishments are  prohibited. 

Art.  63.  Any  person  or  collection  of  persons  has  the  right  to  ad- 
dress petitions  to  the  legally  established  authorities  for  their  decision 
and  to  be  informed  thereof. 

Art.  64.  Every  one  is  at  liberty  to  enter,  remain  in,  traverse  and 
quit  the  territory  of  the  nation  without  a  passport. 

EQUALITY. 

Art.  65.  In  law  there  are  no  charters  or  personal  privileges.  The 
ministers  of  the  different  religious  societies  shall  not  hold  public 
offices. 

Art.  66.  Proportionality  shall  be  the  basis  of  direct  taxation. 

property. 

Art.  67.  No  one  shall  be  deprived  of  his  property  except  by  virtue 
of  a  law  or  of  a  sentence  founded  on  law.  Expropriation,  when 
necessary  or  for  public  utility,  must  be  authorized  by  law  or  by  a 
sentence  founded  on  law,  and  shall  not  take  place  without  previous 
compensation.  In  case  of  war  previous  compensation  is  not  indis- 
pensable. 

Art.  68.  All  authors  or  inventors  enjoy  the  exclusive  ownei*ship 
^of  their  work  or  inventions  for  such  period  as  the  Jaw  determines. 

Art.  69.  The  right  of  recovery  of  confiscated  property  prescribes 
after  fifty  years. 

Art.  70.  Congress  alone  shall  impose  national  taxes. 

Art.  71.  No  personal  service  can  be  exacted  except  by  virtue  of  the 
law  or  a  sentence  founded  on  law. 

GENERAL    PROVISIONS. 

Art.  72.  The  enumeration  of  rights  and  guarantees  made  in  this 
Constitution  does  not  exclude  other  rights  and  guarantees  not  enu- 
merated but  arising  from  the  principle  of  sovereignty  of  the  people 
and  of  the  republican  form  of  government. 

Art.  73.  The  laws  which  regulate  the  exercise  of  these  guarantees 
shall  become  ineffective  in  so  far  as  they  diminish,  restrict  or  alter 
them. 

Art.  74.  In  case  of  external  war  a  state  of  siege  may  be  declared 
VOL  the  whole  Republic  or  any  part  thereof.    The  state  of  siege  will 


322  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

last  as  long  as  the  circumstances  which  caused  it  may  require;  but 
shall  not  exceed  sixty  days  without  a  fresh  declaration,  and  shall 
never  alter  the  guarantees  as  set  forth  in  Articles  27,  43  and  49. 

The  state  of  siege  shall  also  be  declared  in  case  of  disturbances  of 
the  public  peace  in  the  interior,  being  limited  to  the  place  or  to  the 
territory  where  disturbances  of  the  order  exist,  and  may  be  extended 
if  so  required  for  the  security  of  the  Republic. 

Art.  75.  In  case  of  an  epidemic,  sanitary  regulations  may  be  issued 
in  opposition  to  or  in  restriction  of  the  guarantees  contained  in 
Articles  44,  47,  in  so  far  as  relates  to  the  detention  of  correspondence, 
58,  64  and  71. 

Title  VI. — ^The  Form  or  Government. 

Art.  76.  The  government  of  Honduras  is  republican,  democratic 
and  representative.  It  is  exercised  by  three  independent  powers: 
Legislative,  executive  and  judicial. 

Art.  77.  None  of  the  constituted  powers  shall  perform  any  acts 
altering  the  established  form  of  Government  or  impairing  the  in- 
tegrity of  the  territory  or  the  national  sovereignty. 

TiTixE  VII. — The  Ijegislative  Power. 

Art.  78.  The  legislative  power  is  exercised  by  a  Congress  of 
Deputies  which  will  assemble  in  the  capital  of  the  Republic  on  the, 
first  of  January  of  each  year  without  need  of  previous  convocation. 

Art.  79.  The  sessions  of  Congress  shall  last  sixty  days  and  may  be 
extended  for  forty  days  more,  when  so  required  by  matters  of  actual 
interest. 

Art.  80.  Congress  shall  also  hold  extraordinary  sessions  when  con- 
voked by  the  executive,  in  which  case  it  will  occupy  itself  solely  with 
the  business  stated  in  the  decree  convoking  it. 

Art.  81.  After  Congress  has  been  installed  in  the  capital,  it  may 
resolve  to  move  to  another  place. 

Art.  82.  On  the  twenty-first  day  of  December  of  each  year  the 
deputies  shall  assemble  in  preparatory  meetings,  and  with  the  concur- 
rence of  five  at  least  they  shall  organize  the  directory,  in  order  to 
issue  the  necessary  orders  for  the  installation  of  Congress. 

Art.  83.  Two  thirds  of  the  members  composing  Congress  shall  be 
sufficient  to  constitute  a  quorum. 

Art.  84.  Five  deputies  may  convoke  an  extraordinary  session  of 
Congress  at  any  place  in  the  Republic,  whenever  the  executive  hi 
prevented  its  sessions  or  has  dissolved  them. 

Art.  85.  Deputies  shall  be  elected  for  four  years  and  may  be 
elected  indefinitely.  Every  two  years  they  shall  be  renewed  b^ 
halves.  The  first  renewal  shall  be  made  by  lot,  and  the  subsequeni 
ones  by  order  of  seniority. 


HONDURAS.  323 

Art.  86.  The  following  shall  not  be  elected  deputies : 

1.  The  secretaries  and  under-secretaries  of  State. 

2.  The  employees  of  the  executive  power  who  exercise  general 
or  departmental  jurisdiction. 

3.  Soldiers  in  service. 

4.  Contractors  for  public  works  or  services  paid  for  with  funds  of 
the  State,  and  those  who  by  reason  of  said  contracts  may  have  claims 
in  their  own  interest. 

5.  Debtors  in  arrears  of  the  public  treasury,  and  those  who  have 
pending  accounts  for  the  administration  of  its  funds. 

6.  The  relatives  of  the  President  of  the  Republic  within  the  fourth 
degree  of  consanguinity  or  the  second  degree  of  affinity. 

Art.  87.  Deputies  from  the  day  of  their  election  shall  enjoy  the 
following  prerogatives : 

1.  Personal  immunity  from  being  accused  or  sentenced  without 
previous  declaration  of  Congress  to  the  effect  that  they  may  be  prose- 
cuted. 

2.  No  civil  action  shall  be  brought  against  them  from  thirty  days 
before,  or  until  fifteen  days  after,  the  ordinary  or  extraordinary  ses- 
sions of  Congress,  except  in  case  of  counter-claim. 

3.  Not  to  be  subject  to  military  service  without  their  consent 
from  the  time  of  election  until  the  end  of  their  term  of  office. 

4.  Not  to  be  banished  from  the  Republic  or  held  in  confinement 
during  the  period  for  which  they  have  been  elected. 

5.  Not  to  be  responsible  for  their  opinions  or  their  parliamentary 
initiative. 

Art.  88.  Deputies  are  not  obliged  to  accept  employment  from  the 
executive.  Should  they  voluntarily  accept  any  of  the  offices  enumer- 
ated in  Article  86,  they  shall  ipso  facto  cease  to  be  deputies  and  their 
successor  shall  be  elected. 

Art.  89.  The  election  of  deputies  to  Congress  shall  take  place  on 
the  basis  of  one  sitting  deputy  and  one  substitute  for  every  ten  thou- 
sand inhabitants.  In  the  event  of  there  being  fractions,  their  repre- 
sentation shall  be  determined  by  law. 

Title  VIII. — The  Attributions  of  the  Legislative  Power. 

Art.  90.  The  following  attributions  belong  to  Congress : 

1.  To  open  and  close  its  sessions,  certif}^  the  elections  of  its 
members  upon  the  presentation  of  their  credentials  and  receive  their 
promise  according  to  law. 

2.  To  summon  the  respective  substitutes  in  case  of  the  absolute 
non-attendance  or  legal  disqualification  of  the  sitting  member  and 
order  the  filling  of  the  vacancies  which  may  occur. 

3.  To  accept  the  resignation  of  its  members  for  legal  reasons 
duly  approved. 


324  CONSTITUTIONS   OF   THE   STATES  AT  WAK. 

4.  To  regulate  its  internal  management. 

5.  To  decree,  interpret,  reform  and  abrogate  laws. 

6.  To  create  and  suppress  public  offices,  provide  pensions  and 
decree  honors. 

7.  To  grant  pardons  and  amnesties  and  commute  sentences. 

8.  To  provide  for  everything  relative  to  the  security  and  defense 
of  the  Republic. 

9.  To  scrutinize  the  votes  for  the  President  and  the  Vice-Presi- 
dent of  the  Republic  and  the  magistrates  of  the  Supreme  Court  of 
Justice,  and  declare  the  election  of  those  citizens  who  have  obtained 
an  absolute  majority. 

10.  In  case  of  there  being  no  absolute  majority,  to  elect  the 
President,  Vice-President  and  magistrates  from  among  the  three  citi- 
zens who  have  obtained  for  each  office  the  greatest  number  of  popular 
votes. 

11.  When  several  elections  concur  in  a  single  individual,  prefer- 
ence shall  be  determined  in  the  following  order:  1.  President;  2. 
Vice-President;  3.  deputy;  4.  magistrate.  The  election  as  a  sitting 
member  has  preference  over  that  of  substitute. 

12.  To  receive  the  constitutional  promise  from  the  public  officials 
it  may  elect  or  declare  elected  and  to  accept  or  refuse  their  resigna- 
tions. 

13.  To  designate  every  year  three  citizens  to  exercise  the  execu- 
tive power  in  the  order  of  their  election  in  cases  of  vacancy  of  the 
Presidency  or  Vice-Presidency  of  the  Republic,  provided  for  in  the 
Constitution. 

14.  To  declare  that  there  are  grounds  for  impeachment  of  the 
President,  the  Vice-President,  deputies,  magistrates  of  the  Supreme 
Court,  secretaries  of  State  and  diplomatic  agents  during  the  term  of 
their  offices. 

15.  To  change  the  residence  of  the  supreme  powers  for  grave 
reasons. 

16.  To  decree  rewards  and  grant  temporary  privileges  to  au- 
thors and  inventors  and  to  such  as  introduce  or  improve  new  in- 
dustries of  general  utility. 

17.  To  decree  subsidies  to  promote  new  industries  or  improve 
existing  ones. 

18.  To  grant  subventions  for  purposes  of  public  utility. 

19.  To  grant  or  refuse  permission  to  Hondurans  to  accept  em- 
ployment from  other  nations. 

20.  To  approve  or  disapprove  the  conduct  of  the  executive. 

21.  To  approve,  modify  or  disapprove  the  contracts  entered  intoi 
by  the  executive  in  the  cases  provided  for  in  Article  60,  or  when  theirj 
effect  has  to  be  extended  to  the  following  presidential  term. 


HONDURAS.  3  25 

22.  To  approve,  modify  or  disapprove  the  treaties  concluded 
with  other  nations. 

23.  To  regulate  land  and  maritime  commerce. 

24.  To  approve  or  disapprove  the  accounts  of  public  expendi- 
tures. 

25.  To  fix  annually  the  budget  of  expenditures,  taking  the  prob- 
able revenues  as  a  basis  thereof. 

26.  To  levy  taxes. 

27.  To  regulate  the  payment  of  the  national  debt. 

28.  To  decree  the  alienation  of  national  property  or  its  applica- 
tion to  public  uses. 

29.  To  contract  loans. 

30.  To  open  ports  and  to  create  and  suppress  custom-houses. 

31.  To  decree  the  weight,  fineness  and  type  of  national  cur- 
rency. 

32.  To  declare  war  and  conclude  peace. 

33.  To  fix  in  each  ordinary  session  the  number  of  the  forces  of  the 
permanent  army. 

34.  To  allow  or  forbid  the  passage  of  troops  belonging  to  another 
country  through  the  territory  of  the  Republic. 

35.  To  declare  the  Republic  or  any  part  thereof  in  a  state  of 
siege  in  accordance  with  the  law. 

36.  To  confer  the  rank  of  general  of  brigade  or  division  on 
the  recommendation  of  the  executive. 

37.  To  grant  naturalization  papers  to  foreigners. 

38.  To  appoint  the  members  of  the  Court  of  Accounts  and  the 
1  Fiscal  General  of  the  Treasury. 

Art.  91.  The  legislative  power  shall  not  settle  or  declare  the  civil 
status  of  persons  or  grant  academic  or  literary  degrees. 

Art.  92.*  The  faculties  of  the  legislative  power,  with  the  exception 
of  those  w^hich  refer  to  the  installation  of  high  public  officials  in  office, 
can  not  be  delegated. 

Title  IX. — The  Formation,  Sanction  and  Promuixsation  of  the 

Law. 

Art.  93.  Only  the  deputies,  the  President  of  the  Republic  through 
the  secretaries  of  State  and  the  Supreme  Court  of  Justice  in  matters 
)f  its  competence  can  introduce  laws. 

Art.  94.  No  bill  shall  be  definitively  voted  until  it  has  been  con- 
liidered  three  times  on  separate  days  except  in  cases  of  urgency  sup- 
•)orted  by  two  thirds  of  the  votes.  Every  proposal  having  for  its 
object  to  declare  the  urgency  of  a  law  must  be  preceded  by  a  state- 
nent  of  the  motives  on  which  it  is  founded. 


326    '  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  95.  Every  bill,  as  soon  as  it  is  approved  by  Congress,  shall 
be  dispatched  to  the  executive,  at  the  latest,  within  three  days  after 
it  has  been  passed,  so  that  the  executive  may  sanction  it  and  may 
cause  it  to  be  promulgated  as  law. 

Art.  96.  The  promulgation  of  a  law  shall  be  effected  with  the 
following  formula :  "  Therefore,  let  it  be  carried  out." 

Art.  97.  Should  the  executive  power  find  reasons  for  not  sanction- 
ing the  bill,  it  shall  be  returned  to  Congress  within  ten  days  with  the 
formula,  "  Eeturn  to  Congress,"  setting  forth  the  reasons  upon  which 
it  bases  its  disapproval.  If,  within  the  said  period  it  does  not 
object,  the  bill  shall  be  held  to  be  sanctioned  and  shall  be  promul- 
gated as  law.  Should  the  executive  return  the  bill.  Congress  shall 
subject  it  to  a  reconsideration;  and  if  it  is  ratified  by  two  thirds  of 
the  votes,  it  shall  be  dispatched  again  to  the  executive  with  this 
formula :  "  Ratified  constitutionally  " ;  and  the  executive  shall  publish 
it  without  delay. 

Art.  98.  If  Congress  votes  a  bill  at  the  end  of  its  sessions  which 
the  executive  considers  advisable  not  to  sanction,  the  latter  is  obliged 
immediately  to  inform  Congress,  so  that  it  may  remain  assembled 
for  ten  days  beginning  from  the  day  the  executive  received  the  bill ; 
and  should  this  not  be  done,  the  law  will  be  considered  as  sanc- 
tioned. 

Art.  99.  The  sanction  of  the  executive  is  not  necessary  for  the  fol- 
lowing acts  or  resolutions : 

1.  For  elections  made  or  declared  by  Congress,  or  for  resigna- 
tions accepted  or  refused  by  it. 

2.  For  declarations  that  there  are  grounds  for  indictment. 

3.  For  the  budget  law. 

4.  For  decrees  relating  to  the  conduct  of  the  executive. 

5.  For  the  rules  it  may  form  for  its  internal  management. 

6.  For  resolutions  to  temporarily  change  its  residence  to  some 
other  place  and  to  suspend  or  extend  its  sessions. 

7.  For  treaties  or  contracts  which  Congress  disapproves. 
Art.  100.  Whenever  a  bill  not  introduced  by  the  Supreme  Court 

of  Justice  has  for  its  object  the  reformation  or  abrogation  of  an] 
of  the  provisions  contained  in  the  Codes  of  the  Republic,  it  shall  nol 
be  discussed  without  hearing  first  the  opinion  of  that  tribunal.  Th< 
court  shall  publish  its  report  within  such  period  as  Congress  ma] 
designate.  This  provision  does  not  extend  to  laws  of  political,  ecoj 
nomic  or  administrative  character. 

Titue  X. — ^The  Executive  Power. 

Art.  101.  The  executive  power  is  exercised  by  a  citizen  who  is 
called  President  of  the  Republic;  in  default  thereof,  by  a  Vice- 


HONDURAS.  327 

President,  and  in  default  of  the  latter,  by  one  of  the  Designates  in 
the  order  of  their  appointment. 

Art.  102.  The  President,  the  Vice-President  and  the  Designate 
must  be  citizens  in  the  exercise  of  their  rights,  over  21  years  of  age 
and  natives  of  Honduras. 

Art.  103.  The  President  and  Vice-President  shall  be  elected  by 
popular  and  direct  vote,  and  their  election  shall  be  declared  by  Con- 
gress, as  is  prescribed. 

Art.  104.  The  presidential  term  shall  be  for  four  years  and  shall 
commence  on  1  February. 

A  citizen  who  has  proprietorially  exercised  the  Presidency  shall 
not  be  reelected  nor  be  elected  Vice-President  for  the  following 
term.  Neither  shall  his  relatives  within  the  fourth  degree  of  con- 
sanguinity or  the  second  degree  of  affinity  be  elected  President  or 
Vice-President. 

Art.  105.  No  citizen  who  has  occupied  the  constitutional  Presi- 
dency during  the  last  six  months  of  the  presidential  term,  nor  his 
relatives  within  the  degrees  stated  in  the  foregoing  article,  shall  be 
elected  President. 

Art.  106.  In  case  of  absolute  default  of  the  President  of  the  Re- 
public, the  executive  power  shall  be  in  charge  of  the  Vice-President; 
and  in  default  of  the  latter,  the  corresponding  Designates  in  the 
order  of  their  election.  The  Designate  shall  finish  out  the  presi- 
dential term,  should  such  vacancy  occur  within  the  last  year;  but 
should  it  occur  before  the  first  three  years  have  elapsed,  a  new 
presidential  election  must  be  proceeded  with  one  month  after  the 
vacancy  has  occurred.  In  case  of  temporary  disability,  the  functions 
I  of  the  President  shall  be  exercised  by  the  Vice-President  and  the  Des- 
ignates in  the  order  of  their  election. 

Art.  107.  Until  the  person  designated  by  law  has  taken  charge 
of  the  Presidency,  the  executive  power  shall  be  exercised  by  the 
(Council  of  Ministers,  and  the  latter  shall  immediately  call  the  new 
official  to  give  him  charge  of  office,  if  Congress  has  not  assembled. 

Title  XL — The  Duties  and  Attributions  of  the  Executive  Power. 

Art.  108.  The  President  of  the  Republic  has  the  general  adminis- 
tration of  the  country.    His  attributions  are : 

1.  To  exercise  command  as  chief  of  the  land  and  naval  forces. 

2.  To  defend  the  independence  and  the  honor  of  the  nation,  and 
i^e  integrity  of  its  territory. 

3.  To  carry  out  and  provide  for  the  fulfillment  of  the  laws,  is- 
suing for  this  purpose  the  necessary  decrees  and  orders  without  alter- 
ing their  spirit. 


328  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

4.  To  appoint  the  secretaries  and  under-secretaries  of  State  and 
the  other  officials  of  the  executive  department,  in  accordance  with 
the  law. 

5.  To  preserve  the  internal  peace  and  security  of  the  Republic, 
and  to  repel  all  external  attack  or  aggression. 

6.  To  give  to  the  officials  of  the  judicial  power  the  force  and 
assistance  which  they  may  require  to  make  their  decisions  effective. 

7.  To  remove  officials  of  his  own  free  appointment. 

8.  To  see  that  all  officials  of  the  Republic  fulfill  the  duties  which 
are  imposed  upon  them  by  law,  without  interfering  in  the  exercise  of 
their  functions. 

9.  To  grant  amnesties,  whenever  public  convenience  demands  it, 
during  the  recess  of  Congress. 

10.  To  commute  sentences  in  accordance  with  the  law  during 
the  recess  of  Congress. 

11.  To  convoke  Congress  to  extraordinary  sessions  or  to  pro- 
pose the  prorogation  of  the  ordinary  ones. 

12.  To  declare  war  and  make  peace  and  to  permit  or  forbid  the 
passage  of  troops  of  another  country  through  the  territory  of  the 
Republic,  when  circumstances  do  not  permit  the  assembling  of  Con- 
gress to  decide  the  matter. 

13.  To  submit  through  the  respective  secretaries  of  State,  within 
the  first  eight  days  after  the  assembling  of  Congress,  a  detailed  re- 
port or  memorial  of  all  the  branches  of  the  administration. 

14.  To  conclude  treaties  and  any  other  diplomatic  negotiations, 
submitting  them  to  the  ratification  of  Congress  at  the  next  session. 

15.  To  direct  foreign  relations,  to  appoint  diplomatic  and  con- 
sular agents  of  the  Republic,  and  to  receive  ministers  and  admit 
consuls  of  foreign  nations. 

16.  To  cause  the  revenue  of  the  State  to  be  collected  and  to  regu- 
late the  disposal  thereof  in  accordance  with  the  law. 

17.  In  case  of  invasion  or  rebellion,  if  the  resources  of  the  State 
should  be  insufficient,  to  decree  a  general  and  proportional  loan, 
voluntary  or  forced,  of  the  disposal  of  which  he  shall  give  an  ac- 
count to  Congress  at  the  next  session. 

18.  To  confer  military  grades  from  sub-lieutenant  to  colonel 
and  those  of  general  of  brigade  and  division  on  the  field  of  battle 
to  military  officers  who  distinguish  themselves  by  their  conduct; 
submiting  the  appointments  of  generals  to  the  approval  of  Congress_ 
at  its  next  session. 

19.  To  dispose  of  the  military  forces  and  to  organize  and  dis 
tribute  them  in  accordance  with  the  law  as  the  necessities  of  the  R( 
public  may  require. 

20.  To  grant  letters  of  marque  and  reprisal. 


HONDURAS.  329 

21.  To  declare  the  Kepiiblic  or  a  part  thereof  in  a  state  of  siege 
in  accordance  with  the  law  during  the  recess  of  Congress,  with  the 
obligation  of  rendering  an  account  to  Congress,  at  its  first  meeting, 
of  the  use  that  he  may  have  made  of  this  power. 

22.  To  grant  naturalization  papers  in  accordance  with  the  law. 

23.  To  grant  or  deny  permission  to  Hondurans,  during  the  recess 
of  Congress,  to  accept  employment  from  another  nation. 

24.  To  direct  and  promote  public  instruction  and  to  provide 
for  the  education  of  the  people. 

25.  To  sanction  the  laws  and  exercise  the  right  of  veto  when 
necessary,  and  to  promulgate  without  delay  those  legislative  enact- 
ments which  do  not  require  the  sanction  of  the  executive. 

26.  To  order,  during  the  recess  of  Congress,  the  filling  of  vacan- 
cies among  the  deputies  and  the  magistrates  of  the  Supreme  Court  in 
accordance  with  the  law,  at  the  latest  one  month  after  the  vacancies 
have  occurred. 

27.  To  appoint  ad  interim^  during  the  recess  of  Congress,  the 
members  of  the  Court  of  Accounts  and  the  Fiscal  General  of  the 
Treasury. 

28.  To  publish  monthly  the  report  of  receipts  and  expenditures 
)f  the  public  revenues. 

29.  To  keep  watch  on  the  legal  exactness  of  the  currency,  and 
o  look  after  the  uniformity  of  weights  and  measures. 

30.  To  exercise  the  supreme  command  of  the  police  force. 
Art.  109.  The  orders  of  the  executive  power  which  do  not  emanate 

rom  the  corresponding  ministry  shall  not  be  obeyed.  The  Presi- 
ent  and  the  ministers  shall  be  jointly  responsible  for  the  orders 
ley  may  issue  in  contravention  of  the  Constitution  and  the  laws. 
Art.  110.  Whenever  the  President  of  the  Republic  may  consider 
advisable  to  place  himself  at  the  head  of  the  army,  he  shall  en- 
rust  the  executive  power  to  the  citizen  who  must  replace  him  under 
18  Constitution;  and  he  shall  become  invested  only  with  the  char- 
3ter  of  General-in-Chief  and  with  the  attributions  of  Commanding 
eneral. 

Title  XII. — The  Secretaries  of  State. 

Art.  111.  There  shall  be  from  three  to  six  secretaries  of  State, 
ad  the  executive  shall  apportion  between  them  the  transaction  of 
asiness. 

Art.  112.  The  secretaries  of  State  must  be  native  or  naturalized 
ondurans  and  over  21  years  of  age. 

Art.  113.  The  following  shall  not  be  secretaries  of  State:  Con- 
ductors of  public  works  or  services  who  are  to  be  paid  by  the  nation ; 
;e  who  by  reason  of  said  contracts  may  hold  claims  for  their  own 


330  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

interests ;  debtors  of  the  public  treasury,  and  those  who  have  accounts 
pending  in  favor  of  the  latter,  for  administration  of  fundn. 

Art.  114.  The  secretaries  of  State  may  assist  at  the  deliberations 
of  Congress  without  the  right  to  vote,  and  they  must  attend  whenever 
they  are  called,  and  answer  the  interpellations  which  any  deputy 
may  make  to  them  in  regard  to  administrative  matters,  excepting 
those  of  the  Departments  of  War  and  of  Foreign  Relations,  when 
they  consider  it  necessary  to  maintain  reserve,  until  Congress  orders 
them  to  answer. 

Art.  115.  The  under-secretaries  of  State  must  have  the  same  qual- 
ifications as  the  secretaries,  and  they  shall  substitute  the  latter  by 
ministration  of  the  law. 

Title  XIII. — The  Judicial  Power. 

Art.  116.  The  judicial  power  of  the  Republic  shall  be  exercised  by 
a  Supreme  Court  of  Justice  composed  of  five  magistrates,  who  shall 
reside  at  the  capital,  and  by  the  inferior  courts  and  judges  which  the 
law  establishes. 

Art.  117.  To  be  a  magistrate  it  is  required  to  be  a  lawyer  and  over 
2S  3^ears  of  age. 

Art.  118.  Magistrates  of  the  Supreme  Court  shall  be  elected  by  the 
people,  and  may  be  reelected. 

Art.  119.  Three  substitute  magistrates  shall  likewise  be  elected, 
who  shall  substitute  for  the  sitting  magistrates,  and  must  have  the 
same  qualifications  as  the  latter.  In  case  the  vacancy  is  absolute,  the 
executive  power  shall  issue  a  call  for  elections  to  fill  the  place  of  the 
sitting  magistrate,  and  the  election  shall  be  declared  by  the  Supreme 
Court. 

Art.  120.  The  Supreme  Court  of  Justice  shall  appoint  the  magis- 
trates of  the  Courts  of.  Appeals,  the  departmental  and  sectional  in- 
ferior judges  and  the  officials  of  the  public  ministry  in  accordance 
with  the  law.  The  justices  of  the  peace  shall  be  elected  by  popular 
vote  in  the  respective  municipal  districts. 

Art.  121.  Persons  who  are  related  within  the  fourth  degree  of 
consanguinity  or  the  second  degree  of  affinity  shall  not  be  magis- 
trates or  judges  in  the  same  tribunal. 

If  two  or  more  persons  related  within  said  degrees  are  elected, 
the  one  obtaining  the  highest  number  of  votes  shall  be  given  pref- 
erence, and  in  case  of  equal  number  of  votes,  the  one  who  is  the 
senior  lawyer  shall  be  preferred.  The  election  of  the  others  shall 
be  replaced. 

Art.  122.  The  term  of  office  of  magistrates,  departmental  or  sej 
tional  judges  and  officials  of  the  public  ministry  shall  be  four  yea] 
and  they  shall  take  possession  of  their  posts  on  1  February. 


HONDURAS.  331 

Art.  123.  The  Supreme  Court  shall  accept  or  refuse  the  resigna- 
tions of  the  officials  of  its  appointment,  and  shall  grant  leave  of  ab- 
sence both  to  the  latter  and  to  its  own  members. 

Departmental  and  sectional  judges  shall  accept  or  refuse  the 
resignations  and  grant  leave  of  absence  to  the  justices  of  the  peace. 

Art.  124.  The  law  shall  regulate  the  organization  and  attributions 
of  the  tribunals  of  justice. 

^  Art.  125.  The  power  to  judge  and  to  carry  judgments  into  effect 
is  vested  in  the  courts  and  other  tribunals  of  justice.  It  is  their 
business  to  apply  the  laws  in  concrete  cases  legally  brought  before 
them,  and  to  refuse  to  carry  them  out  when  they  are  contrary  to  the 
Constitution. 

Art.  126.  A  jury  is  established  in  those  places  where  there  are 
lepartmental  or  sectional  judges  who  shall  sit  in  all  criminal  cases 
vhich  must  be  heard  before  a  court  of  record.  The  law  shall  regu- 
ate  this  institution. 

Art.  127.  The  Supreme  Court  of  Justice,  in  addition  to  the  at- 
ributions  conferred  upon  it  by  law,  shall  exercise  the  following 
ttributions : 

1.  To  formulate  its  internal  regulations. 

2.  To  take  cognizance  of  official  and  common  offenses,  committed 
y  high  public  officials,  when  Congress  has  declared  that  there  are 
rounds  for  their  indictment. 

3.  To  authorize  the  lawyers  and  notaries,  licensed  within  or 
utside  of  the  Republic,  to  exercise  their  profession,  with  the  excep- 
ons  established  in  the  treaties,  and  to  suspend  them  in  accordance 
ith  the  law. 

4.  To  declare  that  there  are  grounds  for  impeachment  of  the 
embers  of  the  Court  of  Accounts,  of  the  Fiscal  General  of  the 
reasury  and  of  the  principal  national  and  departmental  officials 
hich  the  law  may  determine,  for  offenses  committed  by  them  in 
e  discharge  of  their  duties. 

5.  To  take  cognizance  of  prize  cases,  extradition  cases  and  other 
ses  which  should  be  judged  in  accordance  with  international  law. 
Art.  128.  Direct  proceedings  may  also  be  established  before  the 
ipreme  Court  of  Justice,  against  the  constitutionality  of  a  law  in 
gard  to  matters  not  within  the  jurisdiction  of  the  courts,  by  any 
rson  whose  legal  rights  may  be  injured  by  reason  of  the  applica- 
m  of  that  law  in  a  concrete  case.     The  law  shall  regulate  the  use 

this  recourse. 

Art.  129.  The  administration  of  justice  in  the  Republic  is  gratu- 
us. 

Art.  130.  The  members  of  the  courts  of  justice  shall  not,  during 
eir  term  of  office,  hold  any  other  office  carrying  jurisdictional 
mers. 


332  CONSTITUTION'S  or  the  states  at  wak. 

Art.  131.  Courts  of  justice  may  demand  the  assistance  of  the 
armed  forces  for  the  enforcement  of  their  decrees,  and  should  this 
be  denied  them,  or  in  case  it  is  not  available,  they  may  require  such 
assistance  from  the  citizens.  The  public  official  who  should  unduly 
refuse  to  give  assistance  shall  incur  liability. 

Art.  132.  No  person  having  the  free  administration  of  his  prop- 
erty may  be  deprived  of  the  right  to  put  an  end  to  his  civil  cases 
through  a  compromise  or  arbitration. 

Art.  133.  The  same  judge  shall  not  act  in  his  official  capacity  in 
different  stages  of  the  same  case. 

Art.  134.  No  power  or  authority  shall  order  pending  suits  to  be 
moved  to  its  jurisdiction  nor  reopen  cases  which  have  terminated. 

Title  XIV.— The  Budget. 

Art.  135.  The  budget  shall  be  voted  by  Congress  according  to  the 
bill  presented  by  the  executive  power. 

Art.  136.  The  bill  for  the  budget  shall  be  presented  by  the  re- 
spective minister,  within  a  fortnight  after  Congress  is  convened. 

Art.  137.  All  expenditures  made  outside  of  the  law  are  illegal,  and, 
in  case  of  failure  to  comply  with  their  respective  duties,  the  President, 
the  respective  minister,  the  members  of  the  Court  of  Accounts,  and  the 
employees  who  intervened  in  the  matter  shall  be  jointly  responsible 
for  the  amount  expended. 

Art.  138.  The  budget  of  the  ordinary  expenditures  of  the  public 
administration  shall  not  exceed  the  probable  receipts  estimated  by 
the  national  Congress. 

Title  XV. — The  Public  Treasury. 

Art.  139.  The  following  form  the  public  treasury  of  the  nation 

1.  All  its  real  and  movable  property. 

2.  Any  sums  to  its  credit. 

3.  The  product  of  the  duties,  taxes  and  imposts. 
Art.  140.  The  executive  power  shall  not  enter  into  contracts  o' 

importance  which  may  compromise  the  national  treasury  without 
the  previous  publication  of  the  proposal  in  the  official  journal  and 
the  reception  of  public  bids.  Contracts  which  are  made  for  the  pur 
pose  of  providing  for  the  needs  of  war,  and  those  which,  from  theij 
nature,  can  only  be  entered  with  certain  persons,  are  excepted. 

Art.  141.  In  order  to  fiscalize  the  administration  of  the  nation 
treasury,  there  will  be  a  Higher  Auditorship  or  Superior  Court  of 
Accounts  whose  attributions  shall  be  to  examine,  approve  or  disap- 
prove the  accounts  of  those  who  administer  public  funds,  and  to  re- 
turn to  the  executive  the  orders  which  are  not  in  accordance  with 
the  law  for  the  purposes  which  may  be  determined  by  the  law. 


I 


HONDURAS.  333 

Art.  142.  The  members  of  this  Court  must  be  over  21  years  of 
age,  and  must  not  be  creditors  or  debtors  of  the  public  treasury,  nor 
have  accounts  pending  therewith.  Tlieir  number,  organization  and 
attributions  shall  be  determined  by  law. 

Art.  143.  There  will  be  a  Fiscal  General  who  shall  represent  the 
^interests  of  the  public  treasury.  His  attributions  shall  be  determined 
hj  law. 

TrrLE  XVI— The  Army. 

Art.  144.  The  public  force  is  established  to  insure  the  rights  of  the 
nation,  the  compliance  Avith  the  law  and  the  preservation  of  public 
order. 

Art.  145.  ISTo  armed  body  shall  deliberate.  Military  obedience  shall 
%»e  regulated  by  law  and  military  ordinances. 

Art.  146.  Military  service  is  compulsory.  Every  Honduran  from 
21  to  30  years  of  age  is  a  soldier  in  the  active  army,  and  from  30  to 
40  years  of  age,  in  the  reserve.  The  law  shall  provide  for  the  organi- 
zation of  the  militia,  and  shall  establish  the  causes  for  exemption 
from  service. 

Commissioned  military  officers,  after  reaching  the  age  of  40  years, 
have  the  right  to  resign  their  commissions  and  become  separated 
from  the  service. 

Art.  147.  Military  offenses  shall  be  subject  to  military  jurisdic- 
tion. 

Title  XVII. — The  Departmental  Government.. 

Art.  148.  For  the  public  administration  the  territory  of  the  nation 
is  divided  into  departments,  the  number  and  limits  of  which  shall  be 
determined  by  law.  In  each  one  of  the  said  departments  there  shall 
be  the  officials  which  the  law  may  determine. 

Art.  149.  In  the  departmental  government  no  one  shall  be  per- 
mitted to  exercise  at  the  same  time,  unless  ad  inferim  and  for  a  period 
inot  to  exceed  three  months,  political,  military  and  treasury  functions. 

Title  XVIII. — The  Municipal  Government. 

Art.  150.  The  municipal  government  is  autonomous,  and  shall  be 
'tested  in  municipal  corporations  directly  elected  by  the  people. 

The  law  shall  regulate  the  organization  and  attributions  of  munici- 
pal corporations.  The  number  of  their  members  shall  be  propor- 
itional  to  their  population.  The  attributions  of  municipal  corpora- 
tions shall  be  purely  economical  and  administrative. 

Art.  151.  Municipal  corporations  shall  levy,  according  to  law, 
the  local  taxes,  and  shall  manage  the  property  and  funds  of  the  com- 
munity for  the  benefit  of  the  same,  rendering  an  account  of  their 


334  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

administration  to  the  Court  established  by  law.  They  shall  submit 
anually  a  detailed  report  of  receipts  and  expenditures. 

Aet.  152.  Municipal  corporations  shall  freely  appoint  their  own  em- 
ployees, and  those  police  agents  whose  salaries  are  to  be  paid  out  of 
the  municipal  funds. 

Art.  153.  In  the  exercise  of  their  own  functions  municipal  corpo- 
rations shall  be  wholly  independent  of  the  other  powers,  but  in  no 
case  shall  they  violate  the  general  laws  of  the  country.  They  shall 
be  responsible  before  the  courts  of  justice  for  any  acts  which  they 
may  commit  collectively  or  individually. 

Art.  154.  Municipal  corporations  have  the  power  to  commute, 
according  to  law,  sentences  imposed  for  misdemeanors. 

Municipal  corporations  have  also  the  right  to  take  action  on  mat- 
ters of  police,  sanitation  and  public  instruction,  provided  said  action 
is  not  in  opposition  to  the  Constitution  and  general  laws. 

Art.  155.  No  member  of  the  municipal  corporations  shall  be  com- 
pelled to  accept  another  position  or  be  called  to  the  military  service. 

Title  XIX. — The  Responsibility  of  Public  Employees. 

Art.  156.  Every  employee  or  public  functionary,  when  entering  on 

the  discharge  of  his  duties,  shall  make  the  following  promise : 

I  promise  to  be  faithful  to  tlie  Republic,  and  to  comply  and  make  others  com- 
ply with  the  Constitution  and  the  laws. 

Art.  157.  Every  public  functionary  is  responsible  for  his  own  acts. 

Art.  158.  The  President  of  the  Republic,  deputies,  justices  of  the 
Supreme  Court,  secretaries  of  State  and  diplomatic  ministers  shall  be 
answerable  before  Congress  for  the  offenses  committed  by  them  in 
the  exercise  of  their  functions.  Congress,  after  following  the  course 
of  procedure  for  such  cases,  determined  by  its  rules,  shall  declare 
whether  or  not  there  are  grounds  for  their  indictment,  in  order  to 
place  the  offender  at  the  disposal  of  the  competent  court.  The  same 
declaration  shall  be  required  before  instituting  proceedings  for  com- 
mon offenses,  against  the  President  of  the  Republic,  the  secretaries 
of  State  and  justices  of  the  Supreme  Court. 

Art.  159.  Notwithstanding  the  approval  which  Congress  may  give 
to  the  conduct  of  the  executive,  the  President  and  secretaries  of  State 
may  be  accused  for  official  offenses.  If  these  public  officials  have  re- 
mained in  the  country,  the  right  to  bring  such  proceedings  agaii 
them  shall  become  prescribed  five  years  after  they  have  ceased 
their  office. 

Art.  160.  Public  employees  who  violate  any  of  the  rights  and  gui 
antees  set  forth  in  this  Constitution  shall  be  civilly  and  criminal] 
responsible.     They  may  be  accused  without  need  of  filing  a  boi 
for  libel.    They  shall  not  be  pardoned  nor  their  sentences  commute" 


HONDURAS.  335 

within  the  constitutional  period,  nor  during  the  following  one.  The 
offenses  and  the  penalties  which  they  may  be  liable  for  shall  not  pre- 
scribe until  after  the  said  two  periods. 

Art.  161.  Whenever  a  public  functionary,  against  whom  a  declara- 
tion should  have  been  made  to  the  effect  that  there  are  grounds  for 
his  indictment,  should  be  acquitted,  he  shall  be  reinstated  in  the  ex- 
ercise of  his  functions. 

Title  XX. — Constitutional  Laws. 

xVrt.  162.  The  following  are  constitutional  laws:  Press  laws,  laws 
regarding  a  state  of  siege,  laws  gi*anting  the  right  of  asjdum  {am- 
paro)  and  electoral  laws. 

Title  XXI. — Reforms  of  the  Constitution  and  Constitutional 

Laws. 

Art.  163.  The  reforms  of  this  Constitution  shall  only  be  effected 
by  two  thirds  of  the  votes  of  the  representatives  in  Congress  in 
ordinary  session  setting  forth  the  L'rticle  or  articles  which  need  re- 
form, and  stating  whether  or  not  the  reform  is  to  be  absolute. 

As  soon  as  the  reform  is  decreed.  Congress  shall  convoke  a  Con- 
stituent Assembly  in  order  that  the  latter  may  proceed  to  reform  it ; 
the  decree  containing  the  proposed  reforms  to  be  contained  in  the  de- 
cree of  convocation. 

Art.  164.  The  Constituent  Assembly  shall  be  elected  in  the  same 
manner  as  Congress,  and  shall  have  the  same  number  of  representa- 
tives, with  the  same  immunities. 

Art.  165.  In  no  case  shall  a  reform  of  the  articles  of  the  Constitu- 
tion forbidding  the  reelection  of  the  President  or  of  his  substitute, 
and  establishing  the  duration  of  the  presidential  term  be  decreed  so 
as  to  be  effective  during  the  current  term,  or  during  the  following 
term. 

Art.  166.  The  constitutional  laws  may  be  reformed  in  the  same 
manner  as  the  Constitution,  or  by  two  ordinary  Congresses  with  two 
thirds  of  the  votes. 

Art.  167.  The  National  Constituent  Assembly  entrusts  this  Con- 
stitution, and  the  rights  consecrated  therein,  to  the  patriotism  of  all 
Hondurans. 

Final  Article.  The  present  Constitution  shall  commence  to  take 
effect  on  1  January  1895;  the  Constitution  of  1  November  1880 
oeing  annulled  from  that  date.^ 

1  The  signatures  of  41  deputies  follow. 


ITALY. 

The  victorious  campaigns  of  Napoleon  in  1796  and  1797  constituted 
the  starting-point  of  a  series  of  political  revolutions  in  Italy  which 
ended  in  the  successive  annexation  of  all  the  parts  of  Italy  to  the 
Kingdom  of  Sardinia  and  the  formation  of  the  Kingdom  of  Italy 
in  1861.  From  1797  to  1849  there  were  23  constitutions  or  statutes  in 
force  in  Italy.  Of  all  of  these  the  Statuto  fondamentale  of  the  King- 
dom of  Sardinia  of  4  March  1848  was  the  only  one  to  survive  and  it 
still  forms  the  Constitution  of  the  Kingdom  of  Italy.  This  Statute, 
promised  by  King  Charles  Albert  in  a  famous  proclamation  of  18 
February  1848,  was  published  the  following  month  and  was  put  into 
force  in  the  annexed  territories  by  successive  decrees.^  Many  of  the 
provisions  of  this  Statute  have  fallen  into  disuse,  although  not  ex- 
pressly repealed.  In  this  number  are  generally  classed  Articles  1,  28 
(Paragraph  2),  53,  62  (Paragraph  2),  76,  77  and  80.  A  Law  of 
17  March  1861  conferred  on  Victor  Emmanuel  II  and  his  successors 
the  title  of  King  of  Italy,  and  a  Law  of  3  February  1871  transferred 
the  capital  of  the  Kingdom  to  Rome.  The  position  of  the  Holy  See 
is  governed  by  the  Law  of  13  May  1871,  called  the  "  Law  of  Guar- 
antees," which  was  declared  to  be  a  fundamental  law  of  the  Kingdom 
by  the  Council  of  State  (2  March  1878).  Nevertheless,  since  the 
Holy  See  has  not  ceased  to  protest  against  the  annexation  of  the 
Papal  States,  this  law  has  remained  the  unilateral  work  of  the 
Italian  government.^ 


FUNDAMENTAL  STATUTE  OF  4  MARCH  1848.^ 
[Preamble.] 

We,  Charles  Albert,  by  the  Grace  of  God,  King  of  Sardinia,  Cyprus 
and  Jerusalem,  Duke  of  Savoy,  Genoa,  etc.,  etc.,  Prince  of  Piedmont, 


1  Lomhardy,  decree  of  7  Docember  1859  ;  Emilia,  decree  of  18  March  1860  and  law  of 
15  April  1860;  Tuscany,  decree  of  22  March  and  law  of  15  April  1800;  Sicily,  Marches, 
tJmbria  and  Neapolitan  Provincee,  law  of  17  December  1860;  rrovince  of  Venice,  de- 
cree of  28  July  1860  ;  Roman  Provinces,  decree  of  9  October  and  law  of  31  December 
1870. 

2  This  introductoi-y  paragraph  ig  based  upon  F.  R.  Dabestb  bt  P.  Dakbstb,  Le$  Consti- 
tutions viodemcs   (3d  edition.  Paris,  1910),  vol.  i,  pp.  672-674. 

8  English  translation  in  W.  F..Dodd,  Modern  Constitutions  (Chicago,  1909),  vol.  ii, 
pp.  5-16,  and  by  S.  M.  Lindsay  and  L.  S.  Rows  in  the  Supplement  to  the  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  November,  189i  (Philadelphia,  1894). 
French  translation  in  D.vkeste,  op.  cit.,  pp.  674-685.  German  translation  in  Paul 
PosEXEB,  Die  Staatsvcrfassitngcn  des  Erdballs  (Charlottenburg.  1909),  pp.  642-656. 
The  translation  given  here  is  based  on  that  In  Dodd. 

837 


338  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

etc.,  etc.,  etc.,  with  the  fidelity  of  a  king  and  the  affection  of  a  father, 
are  about  today  to  fulfill  all  that  we  promised  our  most  beloved  sub- 
jects in  our  proclamation  of  the  eighth  of  last  February,  whereby 
we  desired  to  show,  in  the  midst  of  the  extraordinary  events  then 
transpiring  throughout  the  country,  how  much  our  confidence  in  our 
subjects  increased  with  the  gravity  of  the  situation,  and  how,  con- 
sulting only  the  impulse  of  our  heart,  we  had  fully  determined  to 
make  their  condition  conform  to  the  spirit  of  the  times  and  to  the 
interests  and  dignity  of  the  nation. 

We,  believing  that  the  broad  and  permanent  representative  institu- 
tions established  by  this  Fundamental  Statute  are  the  surest  means  of 
cementing  the  bonds  of  indissoluble  affection  that  bind  to  our  Italian 
crown  a  people  that  has  so  often  given  us  ample  proof  of  their  faith- 
fulness, obedience  and  love,  have  determined  to  sanction  and  promul- 
gate this  Statute,  in  the  belief  that  God  will  bless  our  good  intentions, 
and  that  this  free,  strong  and  happy  nation  will  ever  show  itself  more 
deserving  of  its  ancient  fame  and  thus  merit  a  glorious  future. 

Therefore,  we,  with  our  full  knowledge  and  royal  authority  and 
with  the  advice  of  our  Council,  have  ordained  and  do  hereby  ordain 
and  declare  in  force  the  fundamental  perpetual  and  irrevocable 
Statute  and  law  of  the  monarchy  as  follows. 

Article  1.  The  Catholic,  apostolic  and  Roman  religion  is  the  only 
religion  of  the  State. ^  Other  cults  noAv  existing  are  tolerated,  in  con- 
formity with  the  law. 

Art.  2.  The  State  is  governed  by  a  representative  monarchical  gov- 
ernment.   The  throne  is  hereditary  according  to  the  Salic  Law.^ 

Art.  3.  The  legislative  power  shall  be  exercised  collectively  by  the 
King  and  two  houses,  the  Senate  and  the  Chamber  of  Deputies.-^ 

Art.  4.  The  person  of  the  King  is  sacred  and  inviolable. 

Art.  5.  To  the  King  alone  belongs  the  executive  power.  He  is  the 
supreme  head  of  the  State;  commands  all  land  and  naval  forces 
declares  war;  makes  treaties  of  peace,  alliance,  commerce  and  other 
treaties,  communicating  them  to  the  houses  as  soon  as  the  interest 
and  security  of  the  State  permit,  accompanying  such  notice  with  op- 
portune explanations.  Treaties  involving  financial  obligations  or 
alterations  of  the  territory  of  the  State  shall  not  take  effect  until 
after  they  have  received  the  approval  of  the  houses. 

Art.  6.  The  King  appoints  to  all  of  the  offices  of  the  State,  and 
makes  the  necessary  decrees  and  regulations  for  the  execution  of  the 
laws,  without  suspending  their  execution  or  granting  exemptions. 

1  See  below,  the  Law  of  13  May  1871.  The  Law  of  19  June  1848  reads  as  follows : 
"  Difference  of  religion  shall  entail  no  distinction  as  regards  the  enjoyment  of  civil  and 
political  rights  and  eligibility  to  civil  and  military  positions." 

2  Law  of  2  July  1890  on  the  status  of  the  royal  family. 

»In  case  of  political  necessity,  the  Italian  government  frequently  takes  legislative 
measures  by  means  of  law  decrees,  and  this  procedure  is  considered  justified  by  the 
commentators  on  this  Statute. 


ITALY.  339 

Art.  T.  The  King  alone  approves  and  promulgates  the  laws. 
Art.  8.  The  King  may  grant  pardons  and  connuuto  sentences.^ 
Art.  9.  The  King  convokes  the  two  houses  every  year.    He  may 
prorogue  their  sessions  and  dissolve  the  Chamber  of  Deputies,  but  in 
the  latter  case  he  shall  convoke  another  within  a  period  of  four 
months. 

Art.  10.  The  initiative  in  legislation  shall  belong  both  to  the  King 
and  to  each  of  the  two  houses.  All  bills,  however,  levying  imposts  or 
contributions  or  approving  the  budgets  or  accounts  of  the  State 
shall  first  be  presented  to  the  Chamber  of  Deputies. 

Art.  11.  The  King  attains  his  majority  upon  the  completion  of  his 
18th  year. 

Art.  12.  During  the  King's  minority,  the  prince  who  is  his  nearest 
relative  in  the  order  of  succession  to  the  throne,  shall  be  regent  of 
the  Kingdom,  provided  he  be  21  years  of  age. 

Art.  13.  Should  the  prince  upon  whom  the  regency  devolves  be 
still  in  his  minority  and  this  duty  pass  to  a  more  distant  relative, 
the  regent  who  actually  takes  office  shall  continue  in  the  regency 
until  the  King  becomes  of  age. 

Art.  14.  In  the  absence  of  male  relatives  the  regency  shall  devolve 
upon  the  Queen  Mother. 

Art.  15.  In  default  also  of  a  Queen  Mother,  the  regent  shall  be 
elected  by  the  legislative  houses,  convened  within  10  days  by  the 
ministers. 

Art.  16.  The  preceding  provisions  with  reference  to  the  regency 
are  applicable  in  case  the  King  who  has  attained  his  majority  is 
physically  incapable  of  reigning.  Under  such  circumstances,  if  the 
heir  presumptive  to  the  throne  be  18  years  of  age,  he  shall  be  regent 
of  full  right. 

Art.  17.  The  Queen  Mother  shall  be  guardian  of  the  King  until 
he  has  completed  his  7th  year ;  from  this  time  his  guardianship  shall 
pass  into  the  hands  of  the  regent. 

Art.  18.  All  rights  pertaining  to  the  civil  power  in  matters  of 
ecclesiastical  benefices  and  in  the  execution  of  all  regulations  what- 
soever coming  from  foreign  countries  shall  be  exercised  by  the  King.^ 
Art.  19.  The  civil  list  of  the  Crown  shall  remain,  during  the 
present  reign,  at  an  amount  equal  to  the  average  for  the  past  10 
years. 

The  King  shall  continue  to  have  the  use  of  the  royal  palaces, 
villas  and  gardens  and  their  appurtenances,  and  also  of  all  chattels 
without  distinction  pertaining  to  the  Crown,  of  which  a  speedy  in- 
ventory shall  be  made  by  a  responsible  ministry. 

1  The  King  also  exercises  the  right  of  amnesty  (Code  of  Penal  Procedure,  Art.  830). 

*  The  clause,  "  regulations  from  foreign  countries,"  refers  to  papal  decrees,  ecclesiasti- 
cal ordinances  and  orders  ;  at  the  time  of  the  adoption  of  this  Statute  Rome  was  forelgm 
territory. 


340  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

In  future  the  above-mentioned  civil  list  shall  be  fixed  for  the 
duration  of  each  reign  by  the  first  legislature  subsequent  to  the 
King's  accession  to  the  throne.^ 

Art.  20.  The  property  which  the  King  now  possesses  in  his  own 
right,  together  with  that  to  which  he  may  hereafter  acquire  title, 
either  for  a  consideration  or  gratuitously  in  the  course  of  his  reign, 
shall  form  his  private  patrimony. 

The  King  may  dispose  of  his  private  patrimony  either  by  acts 
during  his  life  or  by  will,  without  being  bound  by  the  provisions  of 
the  civil  law  which  limit  the  amount  disposable.  In  all  other  cases, 
the  King's  patrimony  shall  be  subject  to  the  laws  that  govern  other 
property. 

Art.  21.  The  law  shall  provide  an  annual  civil  list  for  the  heredi- 
tary prince  when  he  has  attained  his  majority,  and  even  earlier  in  case 
of  his  marriage ;  for  the  allowances  to  the  princes  of  the  royal  family 
and  of  royal  blood,  under  the  above-mentioned  conditions;  for  the 
dowries  of  the  princesses  and  for  the  dowries  of  the  queens. 

Art.  22.  Upon  ascending  the  throne,  the  King,  in  the  presence  of 
the  houses,  in  joint  session,  shall  take  the  oath  to  observe  faithfully 
the  present  Statute. 

Art.  23.  The  regent,  before  entering  on  the  duties  of  that  office, 
shall  take  the  oath  to  be  faithful  to  the  King  and  to  observe  faith- 
fully this  Statute  and  the  laws  of  the  State. 

The  Rights  and  Duties  or  Citizens. 

Art.  24.  All  inhabitants  of  the  Kingdom,^  whatever  their  rank  or 
title,  are  equal  before  the  law. 

All  shall  equally  enjoy  civil  and  political  rights  and  shall  be 
eligible  to  civil  and  military  office,  except  as  otherwise  provided  by 
law. 

Art.  25.  All  shall  contribute  without  distinction  to  the  burdens 
of  the  State,  in  proportion  to  their  possessions. 

Art.  26.  Individual  liberty  is  guaranteed. 

No  one  shall  be  arrested  or  brought  to  trial  except  in  the  cases 
provided  by  law  and  in  the  forms  which  it  prescribes. 

Art.  27.  The  domicile  is  inviolable.  No  domiciliary  search  shall 
take  place  except  by  virtue  of  law  and  in  the  forms  which  it  prescribes. 

Art.  28.  The  press  shall  be  free,  but  the  law  may  suppress  abuses 
of  this  freedom.^ 

^At  present  the  civil  list  has  been  fixed  at   16,050,000  lire. 

2  Law  of  17  May  1906  on  naturalization. 

^  Edict  of  26  March  1848,  amended  by  many  later  laws. 


ITALY.  341 

Xevertheless,  Bibles,  cat-echisms,  liturgical  and  prayer  books  shall 
not  be  printed  without  the  previous  consent  of  the  bishop.^ 

Art.  29.  All  property,  without  exception,  is  inviolable. 

Nevertheless,  when  the  public  interest,  legally  ascertained,  re- 
quires it,  a  pei-son  may  be  bound  to  give  it  up,  in  whole  or  in  part, 
upon  payment  of  a  just  indemnity  in  accordance  with  the  law.^ 

Art.  30.  No  tax  shall  be  levied  or  collected  without  the  consent 
of  the  houses  and  the  approval  of  the  King. 

Art.  31.  The  public  debt  is  guaranteed. 

All  obligations  of  the  State  to  its  creditors  are  inviolable. 

Art.  32.  The  right  to  assemble  peaceably  and  without  arms  i& 
recognized,  subject,  however,  to  the  laws  that  may  regulate  its  ex- 
ercise in  the  interest  of  the  public  welfare.^ 

This  provision  is  not  applicable  to  meetings  in  public  places  or 
places  open  to  the  public,  which  remain  entirely  subject  to  police 
laws. 

The  Senate. 

Art.  33.  The  Senate  shall  be  composed  of  members,  appointed 
for  life  by  the  King  without  limit  of  numbers,  who  have  attained 
the  age  of  40  years  and  who  have  been  chosen  from  the  following" 
categories  of  citizens: 

1.  Archbishops  and  bishops  of  the  State. 

2.  The  president  of  the  Chamber  of  Deputies. 

3.  Deputies  after  having  served  in  three  legislatures,  or  after 
six  years  of  service. 

4.  Ministers  of  State. 

5.  Ministers  secretaries  of  State. 

6.  Ambassadors. 

7.  Envoys  extraordinary,  after  three  years  of  such  service. 

8.  The  first  presidents  and  presidents  of  the  Courts  of  Cassa^ 
tion  and  of  the  Court  of  Accounts. 

9.  The  first  presidents  of  the  Courts  of  Appeal. 

10.  The  attorney  general  of  the  Courts  of  Cassation,  and  the 
prosecutor  general,  after  five  years  of  service. 

11.  The  presidents  of  the  chambers  of  the  Courts  of  Appeals, 
after  three  years  of  service. 

12.  The  councilors  of  the  Courts  of  Cassation  and  of  the  Court 
of  Accounts,  after  five  years  of  service. 

13.  The  attorneys  general  and  fiscals  general  of  the  Courts  of 
Appeal,  after  five  years  of  service. 

i  The  second  paragraph  of  this  article  has  been  practically  abrogated. 
2  Law  of  25  June   1865. 

8  Law  of  23  December  1S8S  on  public  security,  coordinated  with  the  new  Penal  Code  by 
the  I>ecree  of  30  June  1889. 


342  CONSTITUTIONS   OF   TLIE   STATES   AT  WAR. 

14.  General  officers  of  the  land  and  naval  forces. 

Major  generals  and  rear  admirals,  however,  should  have  five 
years  of  active  service  in  that  grade. 

15.  The  councilors  of  State,  after  five  years  of  service. 

16.  The  members  of  the  Councils  of  Division,^  after  three  elec- 
tions to  their  presidency. 

17.  The  intendants  general,^  after  seven  years  of  service. 

18.  Members  of  the  Royal  Academy  of  Sciences,^  after  seven 
years  of  membership. 

19.  Regular  members  of  the  Superior  Council  of  Public  Instruc- 
tion, after  seven  years  of  service. 

20.  Those  who  by  their  services  or  eminent  merit  have  done 
honor  to  their  country. 

21.  Persons  who,  for  at  least  three  years,  have  paid  direct  prop- 
erty or  business  taxes  to  the  amount  of  3,000  lire.* 

Art.  34.  The  princes  of  the  royal  family  are,  by  that  very  fact, 
members  of  the  Senate.  They  shall  take  rank  immediately  after  the 
president.  They  shall  enter  the  Senate  at  the  age  of  21  and  have  a 
vote  at  25. 

Art.  35.  The  president  and  vice-presidents  of  the  Senate  shall  be 
appointed  by  the  King.^ 

The  Senate  shall  chose  its  own  secretaries  from  among  its  own 
members. 

Art.  36.  The  Senate  may  be  constituted  a  High  Court  of  Justice 
by  decree  of  the  King  to  try  crimes  of  high  treason  and  attempts 
upon  the  safety  of  the  State,  and  to  try  ministers  impeached  by  the 
Chamber  of  Deputies.^ 

In  this  case,  the  Senate  is  not  a  political  body.  It  shall  not  then 
occupy  itself  with  any  other  judicial  matters  than  those  for  which 
it  was  convened,  under  penalty  of  nullity. 

Art.  37.  No  senator  shall  be  arrested  except  by  virtue  of  an  order 
of  the  Senate,  except  in  case  of  flagrante  delicto.  It  alone  is  com- 
petent to  judge  of  the  imputed  misdemeanors  of  its  members. 

Art.  38.  Legal  documents  as  to  births,  marriages  and  deaths  of 
members  of  the  royal  family  shall  be  presented  to  the  Senate  and 
deposited  by  that  body  among  its  archives. 

1  At  the  time  of  the  adoption  of  this  Statute  the  "  Division "  in  Piedmont  corre- 
sponded to  the  "  Province  "  in  modern  Italy.  The  Councils  of  Division  are  therefore  the 
elective  representative  bodies  of  the  Provinces,  now  known  as  the  Provincial  Councils. 

2  Now  called  "  prefects." 

3  This  provision  has  been  extended  to  six  other  academies. 

*  In  1916  there  were  395  senators  and  6  members  of  the  royal  family. 
5  Law  of  6  June  1889  fixes  the  term  of  office. 

« Regulation  of  20  December  1900  on  the  procedure  before  the  Senate  constituted  as  a 
High  Court  of  Justice. 


ITALY.  343 

The  Chamber  of  Deputies. 

Art.  39.  The  elective  house  shall  be  composed  of  deputies  chosen 
by  the  electoral  colleges  in  conformity  with  the  law.^ 

Art.  40.  No  deputy  shall  be  admitted  to  the  Chamber  who  is  not  a 
subject  of  the  King,  30  years  of  age,  in  the  enjoyment  of  civil  and 
political  rights  and  in  the  possession  of  the  other  qualifications  re- 
quired by  law.2 

Art.  41.  Deputies  represent  the  nation  as  a  whole,  and  not  the 
several  provinces  in  which  they  were  elected. 

No  binding  instructions  shall  be  given  to  them  by  the  electors. 

Art.  42.  Deputies  are  elected  for  five  years;  their  mandate  ceases 
ipso  facto  at  the  expiration  of  this  period. 

Art.  43.  The  president,  vice-presidents  and  secretaries  of  the 
Chamber  of  Deputies  are  chosen  by  the  Chamber  from  among  its 
own  members  at  the  beginning  of  each  session,  for  the  entire  session. 

Art.  44.  If  a  deputy  ceases  for  any  reason  to  perform  his  duties, 
the  college  which  elected  him  shall  be  called  upon  at  once  to  proceed 
with  a  new  election. 

Art.  45.  During  the  sessions  no  deputy  shall  be  arrested,  except 
in  case  of  flagrante  delicto^  nor  be  proceeded  against  in  criminal  mat- 
ters w^ithout  the  previous  consent  of  the  Chamber. 

Art.  46.  No  warrant  of  arrest  for  debts  ^  shall  be  executed  against 
a  deputy  during  the  sessions  of  the  Chamber,  nor  within  a  period  of 
three  weeks  preceding  or  following  the  same. 

Art.  47.  The  Chamber  of  Deputies  has  the  right  to  impeach  min- 
isters of  the  King  and  to  bring  them  to  trial  before  the  High  Court 
of  Justice. 

Provisions  Common  to  Both  Houses. 

Art.  48.  The  sessions  of  the  Senate  and  of  the  Chamber  of  Depu- 
ties begin  and  end  at  the  same  time. 

Every  meeting  of  one  house  at  a  time  when  the  other  is  not  in 
session  is  illegal  and  its  acts  are  entirely  void. 

Art.  49.  Senators  and  deputies  before  being  admitted  to  the  ex- 
ercise of  their  functions  take  the  oath  to  be  faithful  to  the  King, 


iThe  election  of  deputies  is  now  controlled  by  the  Decree  of  28  March  1895,  which 
Is  a  consolidation  of  all  laws  in  force  passed  before  that  date.  Italy  is  divided  Into 
508  districts,  each  of  which  elects  1  deputy.  Voters  must  possess  the  following'  qualiQca- 
tlons:  (1)  Be  Italian  citizens;  (2)  have  attained  the  aj,'e  of  21  years:  f.S)  be  ab'e  to 
read  and  write;  (4)  have  successfully  passed  the  examinations  in  the  subjects  comprised 
In  the  course  of  compulsory  elementary  education.  The  fourth  qualification  is  not  re- 
quired of  officials,  graduates  of  colleges,  professional  men,  of  those  who  pay  an  annual 
direct  tax  of  not  less  than  19. SO  lire,  of  tbose  who  pay  an  agricultural  rental  of  .".00  lire, 
of  those  who  pay  house  rent  of  from  l.'O  to  100  lire  according  to  the  population  of  the 
commune  in  which  they  live,  of  those  who  have  served  2  years  in  the  army,  and  of  cer- 
tain other  less  important  clas.ses.  The  Electoral  Law  received  slight  modifications  by  the 
Laws  of  5  December  1897,  7  April  1898  and  19  May  1901. 

*  Parliamentary  incom|)atibilities  are  governed  by  the  Law  of  5  July  1887. 

3  The  Maucinl  Law  of  0  December  1877  has  done  away  with  personal  arrest  for  debts. 


o44  CONSTITUTIONS  OF  THE  STATES  AT  WAB. 

to  observe  faithfully  the  Statute  and  the  laws  of  the  State  and  to 
perform  their  functions  with  the  inseparable  welfare  of  King  and 
country  as  the  sole  end  in  view.^ 

Art.  50.  The  office  of  senator  or  deputy  shall  not  carry  with  it 
any  compensation  or  indemnity.^ 

Art.  51.  Senators  and  deputies  shall  not  be  called  to  account  for 
opinions  expressed  or  votes. given  in  the  houses. 

Art.  52.  The  sessions  of  the  houses  are  public. 

Nevertheless,  upon  the  written  request  of  10  members  secret  ses- 
sions may  be  held. 

Art.  53.  Sessions  and  deliberations  of  the  houses  are  not  legal 
or  valid  if  an  absolute  majority  of  their  members  is  not  present. 

Art.  54.  Action  on  any  question  shall  be  taken  only  by  a  majority 
of  the  votes  cast. 

Art.  55.  All  bills  shall  first  be  submitted  for  preliminary  examina- 
tion to  committees  elected  by  each  house.  Any  proposition  discussed 
and  approved  by  one  house  shall  be  transmitted  to  the  other  for  its 
consideration  and  approval;  and  then  it  shall  be  presented  to  the 
King  for  his  approval. 

Bills  shall  be  discussed  article  by  article. 

Art.  56.  Any  bill  rejected  by  one  of  the  three  legislative  powers 
shall  not  again  be  introduced  during  the  same  session. 

Art.  57.  Every  person  who  has  attained  his  majority  has  the 
right  to  send  petitions  to  the  houses,  which  shall  order  them  to  be 
examined  by  a  committee  and,  on  report  of  the  committee,  shall 
decide  whether  such  petitions  are  to  be  taken  into  consideration;  in 
case  of  an  affirmative  decision  they  shall  be  referred  to  the  competent 
minister  or  deposited  in  the  offices^  for  action  at  the  proper  time. 

Art.  58.  No  petition  may  be  presented  in  person  to  either  house. 

Legally  organized  bodies  alone  shall  have  the  right  to  petition 
under  a  collective  name. 

Art.  59.  The  houses  shall  not  receive  any  deputation,  nor  give 
hearing  to  others  than  their  own  members,  ministers,  and  commis- 
sioners of  the  government. 

Art.  60.  Each  house  shall  be  the  sole  judge  of  the  qualifications, 
and  elections  of  its  own  members. 

Art.  61.  The  Senate  and  the  Chamber  of  Deputies  shall  make 
their  own  rules  and  regulations  respecting  their  methods  of  pro- 
cedure in  the  performance  of  their  respective  duties.* 

1  Law  of  30  December  1882  on  the  political  path. 

2  Senators  and  deputies  receive  free  passage  on  the  railroads  (Decree  of  26  December^ 
1861). 

=^  The  Chamber  of  Deputies  is  divided  into  9  sections  (uffizi),  among  which  legislative, 
business  is  divided  by  the  president  of  the  Chamber. 

*  The  Internal  Regulations  of  the  Senate  bear  the  date  of  17  April  1883  (amended  in] 
1900  and  1902)  ;  those  of  the  Chamber  of  Deputies  are  of  1  July  1900  (amended  in  1901 
and  1904). 


ITALY.  345 

Art.  62.  The  Italian  language  is  the  official  language  of  the  houses. 
The  use  of  French  shall,  however,  be  permitted  to  the  members 
coming  from  districts  whore  French  is  used,  and  in  replying  to 
them.^ 

Art.  63.  Votes  shall  be  taken  by  rising  and  sitting,  by  division, 
or  by  secret  ballot. 

The  latter  method,  however,  shall  always  be  employed  for  the  final 
vote  on  a  law  and  in  all  cases  of  a  personal  character. 

Art.  64.  No  one  shall  at  the  same  time  be  senator  and  deputy. 

The  Ministers. 

Art.  65.  The  King  appoints  and  dismisses  his  ministers.^ 

Art.  66.  The  ministers  have  no  vote  in  either  house  unless  they  are 
members  thereof. 

They  shall  have  entrance  to  both  houses  and  shall  be  heard  upoa 
request. 

Art.  67.  The  ministers  are  responsible. 

Laws  and  governmental  acts  shall  not  take  effect  imtil  they  shall 
have  received  the  signature  of  a  minister. 

The  Judiciary. 

Art.  68.  Justice  emanates  from  the  King  and  shall  be  administered 
in  his  name  by  the  judges  whom  he  appoints. 

Art.  69.  Judges  appointed  by  the  King,  except  cantonal  judges^ 
shall  be  irremovable  after  three  years  of  service.^ 

Art.  70.  Courts,  tribunals  and  judges  shall  be  retained  as  at  pres- 
ent existing.    Xo  modification  shall  be  introduced  except  by  law.** 

Art.  71.  No  one  shall  be  withdrawn  from  his  ordinary  legal  juris- 
diction. 

It  shall,  therefore,  not  be  lawful  to  create  extraordinary  tribunals 
or  commissions.^ 

1  This  clause  applied  principally  to  Savoy  and  Nice,  which  became  a  part  of  France  by 
the  terms  of  the  Treaty  of   24   March   1860. 

2  Decree  of  25  August  1876  on  the  attributions  of  the  Council  of  Ministers.  Law  of 
12  February  1888  reorj^anizing  the  central  administration  of  tht-  State  and  providing 
undor-socrctaries  of  State  for  each  ministry.  Law  of  3  May  1888  on  the  reelection  of 
ministers  and  undersecretaries  of  State.  Law  of  8  April  1906  determining  the  composi- 
tion of  the  staffs  of  the  president  of  the  Council,  of  the  ministers  and  of  the  undvr- 
secretaries  of  State. 

8  Two  decrees,  dated  10  October  1907,  instituted  a  Superior  Council  on  the  Magistracy 
and  fixed  the  method  of  promotion  of  judicial  personnel.  Law  of  14  July  1907  on  the 
guarantee.s  and  discipline  of  the  magistracy. 

*  The  Law  on  the  Organization  of  the  Judiciary  dates  from  6  December  1865  (amended 
by  the  Laws  of  18  July  1904  and  14  July  1907).  Organic  Law  of  8  June  1874  on 
the  jury  and  the  Court  of  Assizes.  Organic  Law  of  14  August  1862  on  the  Court  of 
lAccounts. 

6  The  Code  of  Penal  Procedure,  however,  in  Article  706  provides  that,  in  case  of  rea- 
«onablo  suspicion,  or  on  the  grounds  of  public  safety,  a  person  may  be  removed  for  trial 
from  the  regularly  constituted  jurisdiction. 

88381—19 23 


346  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  72.  The  proceedings  of  courts  in  civil  cases  and  the  hearings 
in  criminal  cases  shall  be  public,  as  provided  by  law. 

Art.  73.  The  interpretation  of  the  laws,  in  the  form  obligatory 
upon  all  citizens,  belongs  exclusively  to  the  legislative  power. 

General  Provisions. 

Art.  74.  Communal  and  provincial  institutions  and  the  boundaries 
of  the  communes  and  provinces  shall  be  regulated  by  law.^ 

Art.  75.  Military  conscriptions  shall  be  regulated  by  law.^ 

Art.  76.  A  communal  militia  shall  be  established  upon  a  basis  fixed 
by  law.^ 

Art.  77.  The  State  retains  its  flag,  and  the  blue  cockade  is  th( 
only  national  one.* 

Art.  78.  The  knightly  orders  now  in  existence  shall  be  maintained' 
with  their  endowments,  which  shall  not  be  used  for  other  purposes 
than  those  specified  in  the  acts  by  which  they  were  established. 

The  King  may  create  other  orders  and  prescribe  their  constitutions.) 

Art.  70.  Titles  of  nobility  shall  be  borne  by  those  who  have  a  right 
to  them.    The  King  may  confer  new  titles. 

Art.  80.  No  one  may  receive  decorations,  titles  or  pensions  from 
foreign  power  without  the  authorization  of  the  King. 

Art.  81.  All  laws  contrary  to  the  present  Statute  are  abrogated. 

Transitory  Provisions. 

Art.  82.  This  Statute  shall  go  into  effect  on  the  day  of  the  firs 
meeting  of  the  two  houses,  which  shall  take  place  immediately  aftei 
the  elections.  Until  that  time  urgent  public  service  shall  be  providec 
for  by  royal  ordinances  according  to  the  mode  and  form  now  ii 
vogue,  excepting,  however,  the  authentications  and  registrations  ii 
the  courts  which  are  from  now  on  abolished. 

Art.  83.  In  the  execution  of  this  Statute  the  King  reserves  to  him- 
self the  right  to  make  the  laws  for  the  press,  elections,  communal 
militia  and  the  reorganization  of  the  Council  of  State. 

Until  the  publication  of  the  laws  for  the  press,  the  regulations  noi 
in  force  on  this  subject  shall  remain  valid. 

Art.  84.  The  ministers  are  entrusted  with  and  are  responsible  foi 
the  execution  and  full  observance  of  these  transitory  provisions. 

1  All  of  the  laws  relating  to  provincial  and  communal  organizations  were  codified  flrs| 
by  the  Decree  of  10  February  1889,  secondly  by  the  Decree  of  4  May  1898  and  thirdlj 
by  the  Decree  of  21  May  1908.  The  Kingdom  is  divided  into  provinces,  circondari 
mandamenti,  and  communes,  and  the  system  of  provincial  and  communal  government 
to  a  large  extent  copied  from  France. 

2  The  laws  on  the  organization  of  the  army  were  codified  by  the  Decree  of  14  Jul) 
1898  (amended  by  the  Laws  of  7  July  1901  and  24  December  1908). 

3  The  national  guard  has  been  suppressed. 
*  The  Italian  tricolor  of  green,  white  and  red  was  adopted  by  the  Proclamation  of 

March  1848 — an  act  regarded  as  legal,  because  the  Statute  was  not  in  force  according  t^ 
the  terms  of  Article  82. 


ITALY.  347 

LAW  OF  GUARANTEES  OF  13  MAY  1871.^ 

Law  on  the  Prerogatives  of  the  Supreme  Ponitff  and  of  the 
Holy  See  and  on  the  Relations  of  the  State  with  the  Church. 

title  I. PREROGATIVES  OF  THE  SUPREME  PONTIFF  AND  OF  THE  HOLY  SEE. 

Article  1.  The  person  of  the  Supreme  Pontiff  is  sacred  and  in- 
violable. 

Art.  2.  Any  attempt  against  the  person  of  the  Supreme  Pontiff 
and  the  provocation  to  commit  such  an  attempt  shall  be  punished 
with  the  same  penalty  as  similar  offenses  against  the  person  of  the 
King. 

Public  offenses  and  insults  committed  directly  against  the  person 
of  the  Supreme  Pontiff,  by  speech,  by  act  or  by  the  means  indicated 
in  Article  1  of  the  Law  on  the  Press  shall  be  punished  with  the 
penalty  fixed  by  Article  19  of  the  said  law. 

The  crimes  above  mentioned  shall  be  proceeded  against  by  the 
public  prosecutor  and  tried  by  the  Courts  of  Assizes. 

The  discussion  of  religious  matters  shall  be  entirely  fi'ee. 

Art.  3.  The  Italian  Government  grants  to  the  Supreme  Pontiff, 
within  the  Kingdom,  sovereign  honors,  and  guarantees  to  him  the 
preeminence  customarily  accorded  to  him  by  Catholic  sovereigns. 

The  Supreme  Pontiff  may  maintain  the  usual  number  of  guards  for 
his  person  and  for  the  custody  of  the  palaces,  without  prejudice  to 
the  obligations  and  duties  of  such  guafds,  according  to  the  laws  in 
force  in  the  Kingdom. 

Art.  4.  The  dotation  of  an  annual  income  of  3,225,000  lire  is  re- 
^rved  for  the  Holy  See. 

With  this  sum,  equal  to  that  of  the  Roman  budget  for  "  holy  apos- 
tolic palaces,  sacred  college,  ecclesiastical  congregations,  secretary  of 
state  and  diplomatic  corps  abroad,"  it  is  intended  to  provide  for  the 
Supreme  Pontiff  and  for  the  various  ecclesiastical  needs  of  the  Holy 
See,  for  the  ordinary  and  extraordinary  maintenance  and  custody  of 
the  apostolic  palaces  and  their  annexes j  for  the  compensation  and 
pensions  of  the  guards  mentioned  in  the  preceding  article  and  of  the 
attaches  of  the  pontifical  court,  and  for  casual  expenses;  as  well  as  for 
the  regular  maintenance  and  custody  of  the  museums  and  library  at- 
tached to  the  apostolic  palaces,  and  for  the  compensation  and  pensions 
of  their  employees. 

This  dotation  shall  be  entered  in  the  great  book  of  the  public  debt 
as  a  perpetual  and  inalienable  income  in  the  name  of  the  Holy  See, 
and  during  the  vacancy  of  the  See,  it  shall  continue  to  be  paid  to 
^U])ply  all  the  needs  of  the  Roman  Chu'rch  dtrihg  such  interval. 

^English  translation  in  Dodd,  op.  cit.,  pp.  lG-21,  and  in  the  British  and  Foreign  State 
Papers,  65  :  pp.  638-642.     French  translation  in  Dabeste.  o».  cit.,  pp.  085-690. 


348  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

It  shall  remain  exempt  from  every  form  of  State,  provincial  or 
communal  taxation  or  other  burden,  and  shall  not  be  diminished 
even  in  case  the  Italian  government  should  later  decide  to  assume 
the  expenses  of  the  museums  and  of  the  library. 

Akt.  5.  Besides  the  dotation  mentioned  in  the  preceding  article  the 
Supreme  Pontiff  shall  have  the  use  of  the  apostolic  Vatican  and 
Lateran  palaces  with  all  buildings,  gardens  and  lands  appertaining 
thereto,  and  also  the  villa  of  Castel  Gandolfo  with  all  its  appurte- 
nances, 

These  palaces,  the  villa  and  its  annexes,  as  well  as  the  museums, 
the  library  and  the  collections  of  art  and  of  archaeology  connected 
therewith,  are  inalienable  and  are  exempt  from  all  taxation  or 
charges  and  from  seizure  for  a  public  purpose. 

Art.  6.  During  the  vacancy  of  the  pontifical  chair  no  judicial  or 
political  authority  shall  for  any  reason  hinder  or  limit  the  personal 
liberty  of  cardinals. 

The  government  shall  see  to  it  that  assemblies  of  conclave  and  of] 
ecumenical  councils  are  not  disturbed  by  external  violence. 

Art.  7.  No  public  official  or  agent  of  the  public  force  in  the  per- 
formance of  the  duties  of  his  office  shall  enter  the  places  or  palaces 
which  are  the  permanent  or  temporary  residence  of  the  Supreme] 
Pontiff,  or  in  which  a  conclave  or  ecumenical  council  is  in  session,] 
without  the  authorization  of  the  Pope,  conclave  or  council. 

Art.  8.  Papers,  documents,  books  or  registers  deposited  in  pontifi- 
cal offices  or  congregations,  invested  with  a  purely  spiritual  char-j 
acter,  shall  be  free  from  the  legal  processes  of  visit,  search  oi 
sequestration. 

Art.  9.  The  Supreme  Pontiff  shall  be  entirely  free  to  fulfill  all  th( 
functions  of  his  spiritual  ministry,  and  to  this  end  may  affix  to  the! 
doors  of  basilicas  and  churches  of  Rome  notices  relating  to  suchj 
ministry. 

Art.  10.  Ecclesiastics  at  Rome  who  officially  take  part  in  th( 
promulgation  of  acts  pertaining  to  the  spiritual  ministry  of  th( 
Holy  See  shall  not  on  this  account  be  subjected  to  any  examination^ 
investigation  or  control  by  the  civil  authorities. 

Every  foreigner  invested  with  ecclesiastical  office  at  Rome  shall 
enjoy  all  the  personal  guarantees  competent  to  Italian  citizens,  in  ac- 
cordance with  the  laws  of  the  Kingdom. 

Art.  11.  Envoys  of  foreign  governments  to  the  Holy  See  shall  be 
entitled  within  the  Kingdom  to  all  the  prerogatives  and  immunities! 
accorded  to  other  diplomatic  agents,  according  to  the  usages  of  in-j 
ternational  law. 

All  offenses  against  them  shall  be  subject  to  the  same  penalties  as 
are  provided  for  offenses  against  envoys  of  foreign  powers  to  th( 
Italian  government. 


ITALY.  349 

Envoys  of  the  Holy  See  to  forei^  governments  shall,  within  the 
territory  of  the  Kingdom,  be  entitled  to  privileges  and  immunities 
of  the  same  character  while  going  to  or  returning  from  their  mission. 

Art.  12.  The  Supreme  Pontiff  corresponds  freely  with  the  episco- 
pacy and  with  the  whole  Catholic  world,  without  any  interference 
from  the  Italian  government. 

To  this  end  he  shall  have  the  right  to  establish  his  own  postal  and 
telegraph  offices  at  the  Vatican  or  at  any  of  his  other  residences, 
served  by  employees  chosen  by  himself. 

The  pontifical  post  office  may  transmit  sealed  packages  of  cor- 
resi)bndence  directly  to  foreign  offices,  or  may  send  them  through 
the  Italian  offices.  In  either  case,  transmission  of  dispatches  or  cor- 
respondence bearing  the  papal  stamp  shall  be  exempt  from  all  taxa- 
tion or  charges  within  Italian  territory. 

Couriers  sent  out  in  the  name  of  the  Supreme  Pontiff  are,  within 
the  Kingdom,  placed  on  an  equal  footing  with  couriers  of  foreign 
governments. 

The  pontifical  telegraph  office  shall  be  connected  with  the  tele- 
graphic system  of  the  State  at  the  expense  of  the  State. 

Telegrams  sent  by  the  pontifical  office  with  pontifical  authentication 
shall  be  received  and  transmitted  within  the  Kingdom  in  the  same 
manner  as  telegrams  of  State  and  without  charge. 

Telegrams  of  the  Supreme  Pontiff  or  sent  by  his  order,  which  bear 
the  papal  stamp,  shall  enjoy  the  same  privileges  if  presented  to  any 
telegraph  office  of  the  Kingdom. 

Telegrams  addressed  to  the  Supreme  Pontiff  shall  be  exempt  from 
the  tax  imposed  upon  those  who  receive  telegrams. 

Art.  13.  Within  the  city  of  Rome  and  within  the  six  suburbicarian 
sees,  the  seminaries,  academies,  colleges  and  other  Catholic  institutions 
founded  for  the  education  and  training  of  ecclesiastics  shall  continue 
under  the  sole  control  of  the  Holy  See,  without  any  interference  from 
the  educational  authorities  of  the  Kingdom. 

TITLE    II. — RELATIONS   OF   THE    STATE  WITH    THE   CHURCH. 

Art.  14.  Every  special  restriction  upon  the  exercise  of  the  right  of 
members  of  the  Catholic  clergy  to  assemble  is  abolished. 

Art.  15.  The  government  renounces  the  right  to  an  apostolic  lega- 
tion in  Sicily,  and  to  appointment  or  nomination  in  the  presentation 
of  the  major  benefices  throughout  the  Kingdom. 

Bishops  shall  not  be  required  to  swear  fidelity  to  the  King. 

Major  and  minor  benefices  may  be  conferred  only  upon  Italian 
citizens,  except  in  the  city  of  Rome  and  in  the  suburbicarian  sees. 

Nothing  is  changed  with  respect  to  the  presentation  of  benefices  of 
royal  patronage. 


350  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  16.  The  exequatur  and  royal  placet  and  all  other  forms  of 
government  authorization  for  the  publication  or  execution  of  eccle- 
siastical acts  are  abolished. 

But,  until  otherwise  provided  by  a  special  law  mentioned  in  Article 
18,  such  exequatur  and  royal  placet  shall  be  required  for  acts  dis- 
posing of  ecclesiastical  property  and  for  appointments  to  major  and 
minor  benefices,  except  those  in  the  city  of  Rome  and  in  the  suburbi- 
carian  see.s.^ 

The  provisions  of  the  civil  laws  relating  to  the  creation  and  manage- 
ment of  ecclesiastical  institutions,  and  to  the  sale  of  their  property, 
remain  unchanged. 

Art.  17.  In  spiritual  and  disciplinary  matters  there  shall  be  no 
claim  or  appeal  against  decisions  of  ecclesiastical  authorities,  nor 
shall  such  decisions  be  recognized  or  executed  by  the  civil  authorities. 

The  determination  of  the  legal  effects  of  such  decisions  and  of 
other  acts  of  the  ecclesiastical  authority  shall  belong  to  the  civil 
authorities. 

If,  however,  such  acts  are  contrary  to  the  laws  of  the  State  or  op- 
posed to  public  order,  or  encroach  upon  the  rights  of  individuals,  they 
shall  be  of  no  etfect  and.  if  they  constitute  offenses,  shall  be  subject  to 
the  criminal  laws. 

Art.  18.  a  future  law  shall  provide  for  the  reorganization,  preser- 
vation and  administration  of  the  ecclesiastical  property  within  the 
Kingdom.^ 

Art.  19.  In  all  the  matters  which  form  the  object  of  the  present 
law,  regulations  now  in  force  contrary  to  this  law  are  repealed. 

1  Decree  of  25  June  1871  containing  provisions  for  the  exequatur  and  the  royal  placet. 

2  See  the  Law  of  19  June  1873  on  the  suppression  of  religious  corporations  in  Rome,  etc. 


JAPAN. 

In  1867  the  Shogiin,  until  then  the  real  ruler  of  Japan,  surrendered 
his  powers  to  the  Emperor.  The  disappearance  of  the  Shogunate 
weakened  the  feudal  system,  which  was,  however,  made  the  basis  of 
the  first  representative  organization.  In  February,  1868,  a  superior 
council  and  seven  ministerial  departments  were  organized;  a  (delib- 
erative assembly  was  convened,  its  members  to  be  composed  of  dele- 
gates appointed  by  the  feudal  chiefs.  In  the  same  year  the  Emperor 
took  an  oath  that  "the  system  of  a  deliberative  assembly  should  be 
adopted  and  that  all  measures  should  be  taken  in  conformity  with 
public  opinion."  The  organization  of  government  upon  a  feudal 
basis  proved  unsatisfactory ;  the  deliberative  assembly  was  abolished 
in  1870,  and  the  feudal  regime  itself  was  suppressed  in  1871. 

An  agitation  in  favor  of  national  representative  institutions  began 
in  1874,  but  those  in  charge  of  the  government  considered  such  a 
step  premature;  in  1878  representative  provincial  councils  were 
created.  Beginning  in  1880  a  vigorous  political  propaganda  was 
conducted  in  favor  of  the  establishment  of  a  representative  assembly ; 
an  imperial  edict  of  12  October  1881  announced  that  the  first  Im- 
perial Diet  would  be  convened  in  1890. 

Between  1881  and  1889  important  reforms  were  made  in  the 
organization  of  the  government.  The  Constitution  was  promulgated 
on  11  Februar}^  1889,  and  at  the  same  time  were  issued  the  Imperial 
House  Law%  the  Imperial  Ordinance  concerning  the  House  of  Peers, 
the  Law  of  the  Houses,  the  Electoral  Law  for  members  of  the  House 
of  Representatives,  and  the  Law  of  Finance.  The  first  Diet  was 
formally  opened  on  29  November  1890.^ 


R 


CONSTITUTION  OF  11  FEBRUARY  1889.^ 
Chapter  I. — The  Emperor. 


IAlRticle  1.  The  Empire  of  Japan  ^  shall  be  reigned  over  and  gov- 
erned by  a  line  of  Emperors  unbroken  for  ages  eternal. 

1  These  introductory  paragraphs  are  reprinted  from  W.  F.  Dodd,  Modern  Constitutions 
(Chicago,  1909),  vol.  ii,  p.  23.  There  is  also  a  very  good  account  in  F.  R.  D.uieste  et 
P.  Daresi-e,  Les  Constitutions  modemcs  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  (J80-687. 

-  The  translation  given  here  is  reprinted  from  Dodd,  op.  cit.,  pp.  24-33,  and  was 
adopted  by  him  almost  without  change  from  the  official  English  translation  issued  from 
Toliyo  in  1889 ;  the  difficulty  of  obtaining  revision  makes  it  necessary  to  give  this 
Constitution  in  the  untechnical  language  in  which  it  here  appears.  English  translation 
also  in  the  British  and  Foreifjn  t<tate  Papers,  81  :  pp.  289-295.  French  translation  in 
Dareste,  op.  cit.,  pp.  H87-696.  German  translation  in  Paul  Posener,  Die  Sfaatsrer- 
fassungen  des  Erdballs   (Charlottenburg,  1909),  pp.  924-933. 

•The  island  of  Hokushu  and  the  Nansei  Islands  have  no  representatives  in  the  Imperial 

851 


352  CONSTITUTIONS  OF  THE   STATES  AT   WAR. 

Art.  2.  The  imperial  throne  shall  be  succeeded  to  by  imperial 
male  descendants,  according  to  the  provisions  of  the  Imperial  House 
Law.^ 

Art.  3.  The  Emperor  is  sacred  and  inviolable. 

Art.  4.  The  Emperor  is  the  head  of  the  Empire,  combining  in  him- 
self the  rights  of  sovereignty,  and  exercises  them,  according  to  the 
provisions  of  the  present  Constitution. 

Art.  5.  The  Emperor  exercises  the  legislative  power  with  the  con- 
sent of  the  Imperial  Diet. 

Art.  6.  The  Emperor  gives  sanction  to  laws  and  orders  them  to  be 
promulgated  ^  and  executed. 

Art.  T.  The  Emperor  convokes  the  Imperial  Diet,  opens,  closes 
and  prorogues  it,  and  dissolves  the  House  of  Kepresentatives. 

Art.  8.  The  Emperor,  in  consequence  of  an  urgent  necessity  to 
maintain  public  safety  or  to  avert  public  calamities,  issues,  when  the 
Imperial  Diet  is  not  sitting,  imperial  ordinances  in  the  place  of  laws. 

Such  imperial  ordinances  are  to  be  laid  before  the  Imperial  Diet 
at  its  next  session,  and  when  the  Diet  does  not  approve  the  said 
ordinances,  the  government  shall  declare  them  to  be  invalid  for  the 
future. 

Art.  9,  The  Emperor  issues,  or  causes  to  be  issued,  the  ordinances  ^ 
necessary  for  the  carrying  out  of  the  laws,  or  for  the  maintenance  of 
the  public  peace  and  order,  and  for  the  promotion  of  the  welfare  of 
the  subjects.  But  no  ordinance  shall  in  any  way  alter  any  of  the 
existing  laws. 

Art.  10.  The  Emperor  determines  the  organization  of  the  different 
branches  of  the  administration,  and  the  salaries  of  all  civil  and 
military  officers,  and  appoints  and  dismisses  the  same.  Exceptions 
especially  provided  for  in  the  present  Constitution  or  in  other  laws 
shall  be  in  accordance  with  the  respective  provisions  (bearing 
thereon). 

Art.  11.  The  Emperor  has  the  supreme  command  of  the  army  and 
navy. 

Art.  12.  The  Emperor  determines  the  organization  and  peac( 
standing  of  the  army  and  navy. 

Art.  13.  The  Emperor  declares  war,  makes  peace  and  concludes 
treaties. 

Art.  14.  The  Emperor  proclaims  a  state  of  siege. 

The  conditions  and  effects  of  a  state  of  siege  shall  be  determinec 
by  law. 

'^  By  the  Imperial  House  Law  of  11  February  1889  (62  articles),  the  succession  is  II 
the  male  deseendants  of  the  Emperor,  in  accordance  with  the  law  of  primogeniture] 
when  the  Emperor  has  no  descendants,  the  crown  goes  to  the  male  relative  of  the  nearest 
collateral  male  line.  English  translation  of  this  law  in  the  British  and  Foreign  &taU 
Papers:  81  :  pp.  295-301. 

2  Ordinances  of  1881  and  1886  govern  the  forms  of  promulgation. 

^  A  law  of  1889  authorizes  the  Emperor  to  sanction   his  ordinances   with   a  penalty.) 


JAPAN.  353 

Art.  15.  The  Emperor  confers  titles  of  nobility,  rank,  orders  and 
other  marks  of  honor. 

Art.  16.  The  Emperor  orders  amnesty,  pardon,  commutatioii  of 
punishment  and  rehabilitation. 

Art.  17.  A  regency  shall  be  instituted  in  conformity  with  the  pro- 
visions of  the  Imperial  House  Law. 

The  regent  shall  exercise  the  powers  appertaining  to  the  Emperor, 
in  his  name. 

Chapter  II. — Eights  and  Duties  of  Subjects. 

Art.  18.  The  conditions  necessary  for  being  a  Japanese  subject 
sliall  be  determined  by  law,^ 

Art.  19.  Japanese  subjects  may,  according  to  qualifications  de- 
termined in  laws  or  ordinances,  be  appointed  to  civil  or  military 
offices  equally,  and  may  fill  any  other  public  offices. 

Art.  20.  Japanese  subjects  are  amenable  to  service  in  the  army  or 
navy,  according  to  the  provisions  of  law. 

Art.  21.  Japanese  subjects  are  amenable  to  the  duty  of  paying 
taxes,  according  to  the  provisions  of  law. 

Art.  22.  Japanese  subjects  shall  have  the  liberty  of  abode  and  of 
changing  the  same  within  the  limits  of  law. 

Art.  23.  No  Japanese  subject  shall  be  arrested,  detained,  triod  or 
punished,  unless  according  to  law.^ 

Art.  24.  No  Japanese  subject  shall  be  deprived  of  his  right  of 
being  tried  by  the  judges  determined  by  law. 

Art.  25.  Except  in  the  cases  provided  for  in  the  law,  the  house  of 
no  Japanese  subject  shall  be  entered  or  searched  without  his  consent. 

Art.  26.  Except  in  the  cases  mentioned  in  the  law,  the  secrecy  of 
the  letters  of  every  Japanese  subject  shall  remain  inviolable. 

Art.  27.  The  right  of  property  of  every  Japanese  subject  shall 
remain  inviolable. 

Measures  necessary  to  be  taken  for  the  public  benefit  shall  be  pro- 
vided by  law.'' 

Art.  28.  Japanese  subjects  shall,  within  limits  not  prejudicial  to 
peace  and  order,  and  not  antagonistic  to  their  duties  as  su])jects, 
enjoy  freedom  of  religious  belief. 

Art.  29.  Japanese  subjects  shall,  within  the  limits  of  law,  enjoy 
!the  liberty  of  speech,  writing,  publication,*  public  meeting  and 
association.^ 

1  Law  of  1899  on  nationality. 

'Code  of  Penal  Procedure  of  1S87. 

8  Law  of  18S9  on  expropriation  for  tlie  public  benefit. 

*  Law  of  ]8f>3  on  the  press  -xave  way  to  a  new  law  in  1909. 

'Law  of  1893  on  freedom  of  assembly  and  association. 


354  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

Art.  30.  Japanese  subjects  may  present  petitions,  by  observing  the 
proper  forms  of  respect  and  by  complying  with  the  rules  specially 
provided  for  the  same. 

Art.  31.  The  provisions  in  the  present  chapter  shall  not  affect  the 
exercise  of  the  powers  appertaining  to  the  Emperor,  in  times  of  war 
or  in  cases  of  national  emergency. 

Art.  32.  Each  and  every  one  of  the  provisions  contained  in  the  pre- 
ceding articles  of  the  present  chapter,  that  are  not  in  conflict  with 
the  laws  or  the  rules  and  discipline  of  the  army  and  navy,  shall  apply 
to  the  officers  and  men  of  the  army  and  navy. 

Chapter  III. — The  Imperial  Diet. 

Art.  33.  The  Imperial  Diet  shall  consist  of  two  houses,  a  House  of 
Peers  and  a  House  of  Representatives.^ 

Art.  34.  The  House  of  Peers  shall,  in  accordance  Avith  the  Ordi- 
nance concerning  the  House  of  Peers,^  be  composed  of  the  members 
of  the  imperial  family,  of  the  orders  of  nobility,  and  of  those  persons 
w^ho  have  been  nominated  thereto  by  the  Emperor. 

Art.  35.  The  House  of  Representatives  shall  be  composed  of  mem- 
bers elected  by  the  people,  according  to  the  provisions  of  the  electoral 
law.^ 

1  The  internal  organization  of  the  two  houses  is  regulated  by  the  Law  of  the  Houses 
of  11  February  1889  (see  below,  Article  51).  The  president  and  vice-president  of  the 
House  of  Peers  are  nominated  by  the  Emperor  from  among  the  members,  and  the  presi- 
dent and  vice-president  of  the  House  of  Representatives  are  nominated  by  the  Emperor 
from  among  three  candidates,  elected  by  the  House.  The  presidents  of  both  houses  receive 
an  annual  salary  of  5,000  yen ;  vice-presidents,  3,000  yen ;  elected  and  nominated 
members  of  the  House  of  Peers  and, members  of  the  House  of  Representatives,  2,000  yen, 
besides  traveling  expenses. 

2  By  the  Imperial  Ordinance  of  11  February  1889  (13  articles)  concerning  the  House 
of  Peers,  the  latter  is  composed  of  a.  male  members  of  the  Imperial  family  of  full  age  ; 
6.  princes  and  marquises  of  the  age  of  25  and  upwards  ;  c.  counts,  viscounts  and  barons 
of  the  age  of  25  and  upwards,  who  have  been  elected  by  the  members  of  their  respective 
orders,  never  to  exceed  one  fifth  of  each  order  ;  d.  persons  above  the  age  of  30  years, 
who  have  been  nominated  members  by  the  Emperor  for  meritorious  services  to  the 
State  or  for  erudition  ;  e.  persons  who  shall  have  been  elected  in  each  city  {Fu)  and 
prefecture  (Ken)  from  among  and  by  the  15  male  inhabitants  thereof,  above  the  age  of 
30  years,  paying  therein  the  highest  amount  of  direct  national  taxes  on  land,  industry 
or  trade,  and  have  been  nominated  by  the  Emperor.  The  term  of  membership  under 
c  and  e  is  seven  years  ;  under  a,  h  and  d,  for  life.  The  number  of  members  under  d  and' 
€  must  not  exceed  the  number  of  other  members.  In  1917,  the  total  number  of  peers  was 
364  (see  The  Statesman's  Year-hook^  1917,  p.  1058).  English  translation  of  this  law  in 
DoDDj  op.  cit.,  pp.  33-35. 

3  The  Electoral  Law  of  H  February  1889  was  amended  in  1900  and  1908.  The  mem- 
bers of  the  House  number  379,  a  fixed  number  being  returned  from  each  electoral  dis- 
trict. The  proportion  of  the  number  of  members  to  the  population  is  one  to  about 
136,522.  Voting  is  by  secret  single  ballot.  ThB  right  to  vote  is  enjoyed  by  male  sub- 
jects of  not  less  than  full  25  years  of  age,  v/ho  have  been  permanent  and  actual  residents 
in  the  electoral  district  for  not  less  than  a  year  and  who  pay  land  tax  to  the  amount  of 
not  less  than  10  yen  (about  $5)  in  a  year  for  more  than  one  year,  or  direct  taxes  other 
than  land  tax  to  the  amount  of  not  less  than  10  yen  in  a  year  for  more  than  two  yearsF 
or  of  land  tax  together  with  other  direct  national  taxes  to  the  amount  of  not  less  than 
10  yen  in  a  year  for  more  than  two  years.  In  general,  male  subjects  of  not  less  than  30; 
years  of  age  are  eligible  to  the  House,  without  any  qualification  arising  from  payment, 
of  taxes.  Disqualified  for  membership  are  the  imperial  household  officials,  priests, 
students,  teachers  of  elementary  schools,  government  contractors  and  election  officials. 


JAPAX.  355 

Art.  36.  No  one  shall  at  one  and  the  same  time  be  a  member  of  both 
houses. 

Art.  37.  Every  law  requires  the  consent  of  the  Imperial  Diet. 

Art.  38.  Both  houses  shall  vote  upon  projects  of  law  submitted  to 
them  by  the  government,  and  may  respectively  initintc*  projects  of 
law. 

Art.  31).  A  bill,  Avhich  has  been  rejected  by  either  the  one  or  the 
other  of  the  two  houses,  shall  not  be  again  brought  in  during  the  same 
session. 

Art.  40.  Both  houses  may  make  representations  to  the  government 
n,s  to  laws  or  upon  any  other  subject.  When,  however,  such  repre- 
sentations are  not  accepted,  they  can  not  be  made  a  second  time  during 
the  same  session. 

Art.  41.  The  Imperial  Diet  shall  be  convoked  every  year. 

Art.  42.  A  session  of  the  Imperial  Diet  shall  last  during  three 
months,  In  case  of  necessity,  the  duration  of  a  session  may  be  pro- 
longed by  imperial  order. 

Art.  43.  \^Tien  urgent  necessity  arises,  an  extraordinary  session 
may  be  convoked,  in  addition  to  the  ordinary  one. 

The  duration  of  an  extraordinary  session  shall  be  determined  by 
imperial  order. 

Art.  44.  The  opening,  closing,  prolongation  of  session,  or  proroga- 
tion of  the  Imperial  Diet  shall  be  effected  simultaneously  for  both 
houses. 

In  case  the  House  of  Representatives  has  been  ordered  to  dissolve, 
the  House  of  Peers  shall  at  the  same  time  be  prorogued. 

Art.  45.  When  the  House  of  Representatives  has  been  ordered  to- 
dissolve,  members  shall  be  caused  by  imperial  order  to  be  newly  elected, 
and  the  new  House  shall  be  convoked  within  five  months  from  the  day 
of  dissolution. 

Art.  46.  No  debate  shall  be  opened  and  no  vote  shall  be  taken  in 
either  house  of  the  Imperial  Diet,  unless  not  less  than  one  third  of 
the  w^hole  number  of  the  members  thereof  is  present. 

Art.  47.  Votes  shall  be  taken  in  both  houses  by  absolute  majority. 
Iln  the  case  of  a  tie,  the  president  shall  have  the  casting  vote. 

Art.  48.  The  deliberations  of  both  houses  shall  be  held  in  public. 
The  deliberations  may,  however,  upon  demand  of  the  government 
or  by  resolution  of  the  house,  be  held  in  secret  sitting. 

Art.  49.  Both  houses  of  the  Imperial  Diet  may  respectively  pre- 
sent adresses  to  the  Emperor. 

Art.  50.  Both  houses  may  receive  petitions  presented  by  subjects. 

Art.  51.  Both  houses  may  enact,  besides  what  is  provided  for  in 
r.he  present  Constitution  and  in  the  Law  of  the  Houses,  rules  neces- 
sary for  the  management  of  their  internal  affairs. 


356  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

AnT.  52.  No  member  of  either  house  shall  be  held  responsible  out- 
side the  respective  houses,  for  any. opinion  uttered  or  for  any  votcv 
given  in  the  house.  When,  however,  a  member  himself  has  given 
publicity  to  his  opinions  by  public  speech,  by  documents  in  print  or 
in  writing,  or  by  any  other  similar  means,  he  shall,  in  the  matter, 
be  amenable  to  the  general  law. 

Art.  53.  The  members  of  both  houses  shall,  during  the  session,  be 
free  from  arrest,  unless  with  the  consent  of  the  house,  except  in 
cases  where  taken  in  flagrante  delicto^  or  of  offenses  connected  with  a 
state  of  internal  commotion  or  with  a  foreign  trouble. 

Art.  54.  The  ministers  of  State  and  the  delegates  of  the  govern- 
ment may,  at  any  time,  take  seats  and  speak  in  either  house. 

Chapter  IV. — The  Ministers  or  State  and  the  Privy  Council. 

Art.  55.  The  respective  ministers  of  State  ^  shall  give  their  advice 
to  the  Emperor,  and  be  responsible  for  it. 

All  laws,  imperial  ordinances  and  imperial  rescripts  of  whatever 
kind,  that  relate  to  the  affairs  of  State,  require  the  countersignature 
of  a  minister  of  State. 

Art.  56.  The  Privy  Council  shall,  in  accordance  with  the  provi- 
sions for  the  organization  of  the  Privy  Council,  deliberate  upon  im- 
portant matters  of  State,  when  they  have  been  consulted  by  the  Em- 
peror. 

Chapter  V. — The  Judicial  Power. 

Art.  57.  The  judicial  power  shall  be  exercised  by  the  courts  o\ 
law  according  to  law,  in  the  name  of  the  Emperor. 

The  organization  of  the  courts  of  law  shall  be  determined  by  law.^ 

Art.  58.  The  judges  shall  be  appointed  from  among  those  who 
possess  proper  qualifications  according  to  law. 

No  judge  shnll  be  deprived  of  his  position,  unless  by  \^?ij  of  crimi- 
nal sentence  or  disciplinary  punishment. 

Kules  for  disciplinary  punishment  shall  be  determined  by  law. 

Art.  59.  Trials  and  judgments  of  a  court  shall  be  conducted  pub- 
licly. When,  however,  there  exists  any  fear  that  such  publicity  ma> 
be  prejudicial  to  peace  and  order,  or  to  the  maintenance  of  public 
morality,  the  public  trial  may  be  suspended  by  provision  of  law  or 
by  the  decision  of  the  court. 

1  The  Council  of  Ministers  in  its  present  form  dates  f rona  1885,  but  its  organization  is 

•governed  by  an  ordinance  of  1889.  The  Council  is  composed  of  10  ministers: 

1.  Prime  Minister.  6.  Minister  of  Marine. 

2.  Minister  of  Foreign  Affairs.  7.  Minister  of  Justice. 

3.  Minister  of  the  Interior.  8.  Minister  of  Instruction. 

4.  Minister  of  Finances.  9.  Minister  of  Agriculture  and  Coramerco. 

5.  Minister  of  War.  10.  Minister  of  Communications. 
*  The  institution  of  the  Court  of  Cassation  dates  from  1875.    A  law  of  1891  governs  t 

organization  of  the  courts.    The  jury  system  does  not  exist  in  Japan. 


I 


JAPAN.  357 

Art.  60.  All  matters  that  fall  within  the  competency  of  special 
tribunals  shall  be  specially  provided  for  by  law.  ^ 

Art.  61.  No  suit  which  relates  to  rights  alleged  to  have  been  in- 
fringed by  the  illegal  measures  of  the  executive  authorities,  and 
which  should  come  within  the  competency  of  the  Court  of  Adminis- 
trative Litigation,  specially  established  by  law,^  shall  be  taken  cogni- 
zance of  by  a  court  of  law. 

Chapter  VI. — Finance.^ 

Art.  62.  The  imposition  of  a  new  tax  or  the  modification  of  the 
rates  (of  an  existing  one)  shall  be  determined  by  law. 

However,  all  such  administrative  fees  or  other  revenue  having  the 
nature  of  compensation  shall  -not  fall  within  the  category  of  the 
above  clause. 

The  raising  of  national  loans  and  the  contracting  of  other  liabili- 
ties to  the  charge  of  the  national  treasury,  except  those  that  are  pro- 
vided in  the  budget,  shall  require  the  consent  of  the  Imperial  Diet. 

Art.  63.  The  taxes  levied  at  present  shaU,  in  so  far  as  they  are  not 
remodeled  by  a  new  law,  be  collected  according  to  the  old  system. 

Art.  64.  The  expenditure  and  revenue  of  the  State  require  the  con- 
sent of  the  Imperial  Diet  by  means  of  an  annual  budget. 

Any  and  all  expenditures  exceeding  the  appropriations  set  forth 
in  the  titles  and  paragraphs  of  the  budget,  or  that  are  not  provided 
for  in  the  budget,  shall  subsequently  require  the  appropriation  of  the 
Imperial  Diet. 

Art.  65.  The  budget  shall  be  first  laid  before  the  House  of  Repre- 
sentatives. 

Art.  66.  The  expenditures  of  the  Imperial  House  shall  be  defrayed 
every  year  out  of  the  national  treasury,  according  to  the  present  fixed 
amount  for  the  same,  and  shall  not  require  the  consent  thereto  of  the 
Imperial  Diet,  except  in  case  an  increase  thereof  is  found  necessar3^ 

Art.  67.  Those  expenditures  already  fixed  and  based  upon  the 
powers  belonging  to  the  Emperor  by  the  Constitution,  and  such  ex- 
penditures as  may  have  arisen  by  the  effect  of  law,  or  that  relate  to 
the  legal  obligations  of  the  government,  shall  neither  be  rejected  nor 
reduced  by  the  Imperial  Diet,  without  the  concurrence  of  the  govern- 
ment. 

Art.  68.  In  order  to  meet  special  requirements,  the  government 
oiay  ask  the  consent  of  the  Imperial  Diet  to  a  certain  amount  as  a 
continuing  expenditure  fund,  for  a  previously  fixed  number  of  years. 

Art.  69.  In  order  to  supply  deficiencies,  which  are  unavoidable,  in 
the  budget,  and  to  meet  requirements  unprovided  for  in  the  same,  a 
(•eserve  fund  shall  be  provided  in  the  budget. 

*  This  law  was  promulgated  In  1890. 

2  The  Law  of  11  February  1889  on  finances  (33  articles),  which  governs  budgetary 
uestions,  was  completed  by  a  law  of  1890. 


358  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  to.  When  the  Imperial  Diet  can  not  be  convoked,  owing  to 
the  external  or  internal  condition  of  the  country,  in  case  of  urgent 
need  for  the  maintenance  of  public  safety  the  government  may  enact 
all  necessary  financial  measures,  by  means  of  an  imperial  ordinance. 

In  the  case  mentioned  in  the  preceding  clause,  the  matter  shall 
be  submitted  to  the  Imperial  Diet  at  its  next  session,  and  its  appro- 
bation shall  be  obtained  thereto. 

Art.  71.  When  the  Imperial  Diet  has  not  voted  on  the  budget,  or 
Avhen  the  budget  has  not  been  brought  into  actual  existence,  the 
government  shall  carry  out  the  budget  of  the  preceding  year. 

Art.  72.  The  final  account  of  the  expenditures  and  revenue  of  the 
State  shall  be  verified  and  confirmed  by  the  Board  of  Audit,  and  it 
shall  be  submitted  by  the  government  to  the  Imperial  Diet,  together 
with  the  report  of  verification  of  the  said  board. 

The  organization  and  competency  of  the  Board  of  Audit  shall  be 
determined  by  a  special  law.^ 

Chapter  VII. — SuppLEMENTARr  Rules. 

Art.  73.  When  it  may  become  necessary  in  future  to  amend  the 
provisions  of  the  present  Constitution,  a  project  to  that  effect  shall 
be  submitted  to  the  Imperial  Diet  by  imperial  order. 

In  the  above  case,  neither  House  shall  open  the  debate,  unless  not 
less  than  two  thirds  of  the  whole  number  of  members  are  present, 
and  no  amendment  shall  be  passed,  unless  a  majority  of  not  less  than 
two  thirds  of  the  members  present  is  obtained. 

Art.  74.  No  modification  of  the  Imperial  House  Law  shall  be  re- 
quired to  be  submitted  to  the  deliberation  of  the  Imperial  Diet. 

No  provision  of  the  present  Constitution  can  be  modified  by  the 
Imperial  House  Law. 

Art.  75.  No  modification  shall  be  introduced  into  the  Constitution, 
or  into  the  Imperial  House  Law,  during  the  time  of  a  regency. 

Art.  76.  Existing  legal  enactments,  such  as  laws,  regulations,  or- 
dinances, or  by  whatever  names  they  may  be  called,  shall,  so  far  as 
they  do  not  conflict  with  the  present  Constitution,  continue  in  force. 

All  existing  contracts  or  orders,  that  entail  obligations  upon  the 
government,  and  that  are  connected  with  expenditure,  shall  come 
within  the  scope  of  Article  67. 

1  Law  of  1881). 


LIBERIA. 

The  Kepublic  of  Liberia  had  an  American  origin.  It  is  composed 
almost  exclusively  of  negroes  whom  different  colonization  societies 
have  directed  to  certain  points  on  the  Ivory  Coast  since  1822.  These 
colonies,  situated  beside  each  other,  formed  a  union  in  1837  (Com- 
monwealth of  Liberia)  under  Thomas  Buchanan,  its  first  governor. 
But  it  was  not  until  ten  years  later  that  a  convention  actually  met 
to  solemnly  proclaim  the  independence  of  the  new  State  and  give  it 
a  Constitution.  This  Constitution  modeled  after  that  of  the  United 
iStates  of  America  bears  the  date  of  26  July  1847  and  it  was  ratified 
by  the  people  in  the  following  September.  At  the  biennial  election 
held  on  7  May  1907,  several  amendments  were  adopted  by  a  two- 
thirds  vote  of  the  people.^ 


CONSTITUTION  OF  26  JULY  1847,^  AS  AMENDED  7  MAY  1907.=^ 

Preamble. 

The  end  of  the  institution,  maintenance,  and  administration  of 
government,  is  to  secure  the  existence  of  the  body  politic,  to  protect 
it,  and  to  furnish  the  individuals  who  compose  it  with  the  power  of 
enjoying  in  safety  and  tranquillity,  their  natural  rights,  and  the 
blessings  of  life ;  and  whenever  these  great  objects  are  not  obtained, 
the  people  have  a  right  to  alter  the  government,  and  to  take  meas- 
ures necessary  for  their  safety,  prosperity,  and  happiness. 

Therefore,  we,  the  people  of  the  Commonwealth  of  Liberia,  in 
Africa,  acknowledging  with  devout  gratitude  the  goodness  of  God, 
in  granting  to  us  the  blessings  of  the  Christian  religion,  and  politi- 
cal, religious,  and  civil  liberty,  do,  in  order  to  secure  these  blessings 
for  ourselves  and  our  posterity,  and  to  establish  justice,  insure  do- 
mestic peace,  and  promote  the  general  welfare,  hereby  solemnly 
associate,  and  constitute  ourselves  a  free,  sovereign,  and  independent 
•State,  by  the  name  of  the  Republic  of  Liberia,  and  do  ordain  and 
establish  this  Constitution,  for  the  government  of  the  same. 

1  This  introductory  parasrapli  is  based  upon  F.  R.  Darestb  et  P.  Da^bste,  Les  Gonsti- 
mtions  modernea  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  650-057. 

•  PasstKi  at  Monrovia  by  unanimous  consent  of  the  i)oople  of  the  Commonwealth.  Eng- 
(flh  text  in  the  British  aiid  Forcifjn  State  Papers,  35  :  pp.  1301-14. 

*  These  amendm»>nts,  which  were  adopted  by  a^  two-thirds  vote  at  the  biennial  election, 
May  1907,  are  here  inserted  in  their  proper  places.     English  text  in  a  printed  pamphlet 

X  the  State  Department  tiles    (cf.  Papers  Relatiny  to  Foreign  Relations  of  the   Urvited 
ttatea,  Washington,  1910,  part  2,  pp.  831-2). 

35J 


360  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

Article  I. — Bill  of  Rights. 

SECTION    1. NATURAL  AND  INALIENABLE  RIGHTS  OF  ALL  MEN. 

All  men  are  born  equally  free  and  independent,  and  have  certain 
natural,  inherent,  and  inalienable  rights;  among  which  are  the 
rights  of  enjoying  and  defending  life  and  liberty,  of  acquiring,  pos- 
sessing, and  protecting  property,  and  of  pursuing  and  obtaining 
safety  and  happiness. 

SECT.  2. ALL  THE  POWER  IS  INHERENT  IN  THE  PEOPLE.     GOVERNMENT  IN- 
STITUTED   FOR    THEIR    BENEFIT. 

All  power  is  inherent  in  the  people;  all  free  governments  are  in- 
stituted by  their  authority,  and  for  their  benefit,  and  they  have  the 
right  to  alter  and  reform  the  same  when  their  safety  and  happiness 
require  it. 

SECT.  3. ^RIGHT  OF  ALL  MEN  TO  WORSHIP  GOD  ACCORDING  TO  THE  DICTATES 

OF  THEIR  OWN    CONSCIENCES. 

All  men  have  a  natural  and  inalienable  right  to  worship  God  ac- 
cording to  the  dictates  of  their  own  consciences,  without  obstruction 
or  molestation  from  others ;  all  persons  demeaning  themselves  peace- 
ably, and  not  obstructing  others  in  their  religious  worship,  are  en- 
titled to  the  protection  of  law,  in  the  free  exercise  of  their  own  re- 
ligion, and  no  sect  of  Christians  shall  have  exclusive  privileges  orj 
preference  over  any  other  sect;  but  all  shall  be  alike  tolerated;  an( 
no  religious  test  whatever  shall  be  required  as  a  qualification  for  civi] 
office,  or  the  exercise  of  any  civil  right. 

SECT.  4. ^THERE  SHALL  BE  NO  SLAVERY  WITHIN  THIS  REPUBLIC. 

There  shall  be  no  slavery  within  this  Republic.    Nor  shall  any  citi- 
zen of  this  Republic,  or  any  person  resident  therein,  deal  in  slavi 
either  within  or  without  this  Republic,  directly  or  indirectly. 

SECT.  5. THE  PEOPLE  II AYE  A  RIGPIT  TO  ASSEMBLE,  INSTRUCT  REPRESENTA^ 

TIVES,  AND   PETITION   THE   GOVERNMENT. 

The  people  have  a  right  at  all  times,  in  an  orderly  and  peaceable 
manner  to  assemble  and  consult  upon  the  common  good,  to  instruc| 
their  representatives,  and  to  petition  the  government,  or  an}^  public 
functionaries  for  the  redress  of  grievances. 

SECT.  6. JUSTICE  WITHOUT  DENIAL.     TRIAL  BY  JURY.     HEARD  IN  PERSOl 

OR   BY  ^COUNSEL,   &C. 

Every  person  injured  shall  have  remedy  therefor,  by  due  course  oi 
law;  justice  shall  be  done  without  sole  denial  or  delay;  and  in  all 


LIBERIA.  361 

cases,  not  arising  under  martial  law  or  upon  impeachment,  the  parties 
shall  have  a  right  to  a  trial  by  jury,  and  to  be  heard  in  person  or  by 
counsel,  or  both. 

SECT.    7. HELD    TO    ANSWER,    IN    WHAT    CASE.         NOT    TO    GIVE    EVIDENCE 

AGAINST  HIMSELF,   <S:C. 

Xo  person  shall  be  held  to  answer  for  a  capital  or  infamous  crime, 
except  in  cases  of  impeachment,  ca§es  arising  in  the  army  or  navy, 
and  petty  offences,  unless  upon  presentment  by  a  grand  jury;  and 
every  person  criminally  charged,  shall  have  a  right  to  be  seasonably 
furnished  with  a  copy  of  the  charge,  to  be  confronted  with  the  wit- 
nesses against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favour;  and  to  have  a  speedy,  public,  and  impartial  trial 
by  a  jury  of  the  vicinity.  He  shall  not  be  compelled  to  furnish  or 
give  evidence  against  himself ;  and  no  person  shall  for  the  same  of- 
fence be  twice  put  in  jeopardy  of  life  or  limb. 

SECT.    8. NOT    DEPRIVED    OF    LIFE,   LIBERTY,    &C.,    BUT    BY   JUDGMENT   OF 

PEERS  OR  THE  LAW  OF  THE  LAND. 

Xo  person  shall  be  deprived  of  life,  liberty,  property,  or  privilege, 
but  by  judgment  of  his  peers,  or  the  law  of  the  land. 

SECT.     9. NO     PLACES     SEARCHED,    UNLESS     UPON     WARRANT    LAWFULLY 

ISSUED. 

Xo  place  shall  be  searched,  nor  person  seized,  on  a  criminal  charge 
»or  suspicion,  unless  upon  warrant  lawfully  issued,  upon  probable 
cause  supported  by  oath,  or  solemn  affirmation,  specially  designating 
the  place  or  person,  and  the  object  of  the  search. 

3ECT.  JO. EXCESSIVE  RAIL  NOT  REQUIRED.     CONTRACTS,  <fcC.,  NOT  IMPAIRED. 

NO  EX  POST  FACTO  LAW. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
excessive  punishments  inflicted.  Nor  shall  the  legislature  make  any 
aw  impairing  the  obligation  of  contracts;  nor  any  law  rendering 
my  act  punishable,  in  any  manner  in  which  it  was  not  p\inishable 
vhen  it  was  committed. 

SECT.   11. — ELECTION  BY  BALLOT.     QUALIFICATION  FOR  SUFFRAGE. 

All  elections  shall  be  by  ballot;  and  every  male  citizen  of  21 
ears  of  age,  possessing  real  estate,  shall  have  the  right  of  suffrage. 

fiCT.    12. TO  KEEP   AND  BEAR    ARMS.      MILITARY   SUBORDINATION   TO   THE 

CIVIL  AUTHORITY. 

The  people  have  a  right  to  keep  and  to  bear  arms  for  the  common 
©fence.    And  as  in  time  of  peace,  armies  are  dangerous  to  liberty, 

88381—19 24 


362  CONSTITUTIONS   OF  THE   STATES   AT   WAR. 

they  ought  not  to  be  maintained,  without  the  consent  of  the  legisla- 
ture; and  the  military  power  shall  always  be  held  in  exact  sub- 
ordination to  the  civil  authority,  and  be  governed  by  it. 

SECT.    13. PRIVATE   PROPERTY   XOT  TO   BE   TAKEN  FOR  PUBLIC  USE  WITH- 
OUT,  &C. 

Private  property  shall  not  be  taken  for  public  use  without  just 
compensation.  , 

SECT.    14. GOVERNMENT,  POWERS  DIVIDED.     NOT  TO  INCLUDE  JUSTICES  OF 

THE   PEACE. 

The  powers  of  this  government  shall  be  divided  into  three  distinct 
departments:  legislative,  executive,  and  judicial;  and  no  person  be- 
longing to  one  of  these  departments  shall  exercise  any  of  the  powers 
belonging  to  either  of  the  others.  This  section  is  not  to  be  construed 
to  include  justices  of  the  peace. 

SECT.    15. LIBERTY  OF  THE  PRESS   NOT  RESTRAINED.      SPEAK,   WRITE,   AND 

PRINT  BEING  RESPONSIBLE;  INDICTMENTS  FOR  LIBELS;  JURY  DETERMINE 
LAW  AND  FACTS,  &C. 

The  liberty  of  the  press  is  essential  to  the  security  of  freedom  in  a 
State ;  it  ought  not,  therefore,  to  be  restrained  in  this  Republic. 

The  printing  press  shall  be  free  to  every  person  who  undertakes 
to  examine  the  proceedings  of  the  legislature,  or  any  branch  of  gov- 
ernment ;  and  no  law  shall  ever  be  made  to  restrain  the  rights  thereof.] 
The  free  communication  of  thoughts  and  opinions,  is  one  of  th( 
invaluable  rights  of  man,  and  every  citizen  may  freely  speak,  write, 
and  print,  on  any  subject,  being  responsible  for  the  abuse  of  thai 
liberty. 

In  prosecutions,  for  the  publication  of  papers,  investigating  th( 
official  conduct  of  officers,  or  men  in  a  public  capacity,  or  where  th( 
matter  published  is  proper  for  public  information,  the  truth  thereoj 
may  be  given  in  evidence.  And  in  all  indictments  for  libels,  the 
jury  shall  have  a  right  to  determine  the  law  and  the  facts,  undei 
the  direction  of  the  court,  as  in  other  cases. 

SECT.    16. NO  IMPOST  OR  DUTIES  WITHOUT  THE  CONSENT  OF  THE  PEOPL^ 

OR   THEIR  REPRESENTATIVES. 

No  subsidy,  charge,  impost,  or  duties,  ought  to  be  established] 
fixed,  laid,  or  levied,  under  any  pretext  whatsoever,  without  the  con- 
sent of  the  people,  or  their  representatives  in  the  legislature. 

SECT.     17. LEGISLATURE     TO     DIRECT    WHAT     SUITS     AND    HOW    BROUGl 

AGAINST  THE  REPUBLIC. 

Suits  may  be  brought  against  the  Eepublic  in  such  manner,  and  in 
such  cases  as  the  legislature  may  by  law  direct. 


LIBERIA.  .  363 

SECT.    18. — WHO  ARE  SUBJECT  TO  THE  LAW  MARTIAL,  &C. 

No  person  can,  in  any  case,  be  subjected  to  the  law  martial,  or  to 
any  penalties  or  pains,  by  virtue  of  that  law  (except  those  employed 
in  the  army  or  navy,  and  except  the  militia  in  actual  service)  Uut  by 
the  authority  of  the  legislature. 

SECT.    19. — RIGHT   OF   THE   PEOPLE   TO    CAUSE   THEIR   PUBLIC    OFFICER   TO 
RETURN   TO  PRIVATE  LIFE. 

In  order  to  prevent  those  who  are  vested  with  authority  from  be- 
coming oppressors,  the  people  have  a  right  at  such  periods  and  in 
such  manner  as  they  shall  establish  by  their  frame  of  government, 
to  cause  their  public  officers  to  return  to  private  life,  and  to  fill  up 
vacant  places,  by  certain  and  regular  elections  and  appointments. 

SECT.     20. PRISONERS     BAILABLE.       WRIT     OF     HABEAS     CORPUS,     BENEFIT 

OF,  <feC. 

That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  when  the  proof  is  evident  or  presumption  great ; 
and  the  privilege  and  benefit  of  the  writ  of  habeas  corpus  shall  be  en- 
joyed in  this  Kepublic,  in  the  most  free,  easy,  cheap,  expeditious,  and 
ample  manner,  and  shall  not  be  suspended  by  the  legislature,  ex- 
cept upon  the  most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceeding  12  months. 

Article  II. — Legislative  Powers. 

SECT.    1. — legislature    TO    CONSIST   OF   TWO   BRANCHES.      STTLE    OF    EN- 
ACTMENTS. 

That  the  legislative  power  shall  be  vested  in  a  legislature  of 
ILiberia,  and  shall  consist  of  two  separate  branches,  a  House  of 
[Representatives  and  a  Senate,  to  be  styled  the  legislature  of  Liberia, 
each  of  which  shall  have  a  negative  on  the  other,  and  the  enacting 
style  of  their  acts  and  laws  shall  be :  "  It  is  enacted  by  the  Senate 
and  House  of  Representatives  of  the  Republic  of  Liberia  in  Legisla- 
ture assembled." 

3ECT.   2. HOUSE  OF  REPRESENTATIVES.       NUMBER  AND  QUALIFICATION   OF 

MEMBERS.       TERM  OF  SERVICE. 

The  representatives  shall  be  elected  by  and  for  the  inhabitants  of 
he  several  counties  of  Liberia,  and  shall  be  apportioned  among  the 
iieveral  counties  of  Liberia,  as  follows:  The  county  of  Montserrado 
hall  have  4  representatives,  the  county  of  Grand  Bassa  shall  have 
i,  and  the  county  of  Since  shall  have  1,  and  all  counties  hereafter 


364  COiTSTITUTIONS  OF   THE  STATES  AT  WAR. 

which  shall  be  admitted  into  the  Republic  shall  have  1  representa- 
tive, and  for  every  10,000  inhabitants  1  representative  shall  be  added. 
No  citizen  shall  be  a  representative  who  has  not  resided  in  the  county 
in  which  he  resides  seven  whole  years  immediately  previous  to  his 
election,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  the 
county  by  which  he  was  elected,  and  does  not  own  real  estate  of  not 
less  value  than  600  dollars  in  the  county  which  he  represents,  and 
who  shall  not  have  attained  the  age  of  2^  years.  The  representatives 
shall  be  elected  quadrennially  and  shall  serve  four  years  from  the 
time  of  their  election.^ 

SECT.  3. VACANCIES  IN  THE  LEGISLATURE,  HOW  FILLED. 

When  a  vacancy  occurs  in  the  representation  of  any  county  by 
death,  resignation  or  otherwise,  it  shall  be  filled  by  a  new  election. 

SECT.    4. SPEAKER  AND   OFFICERS  OF   THE   HOUSE,   HOW^   ELECTED;   POWER 

OF  IMPEACHMENT. 

The  House  of  Representatives  shall  elect  their  own  speaker  and 
other  officers ;  they  shall  also  have  the  sole  power  of  impeachment. 

SECT.   5. senate;   number  and  QUALIFICATION   OF  MEMBERS.      TERM  OF 

SERVICE. 

The  Senate  shall  consist  of  2  members  from  Montserrado  County, 
2  from  Bassa  County,  2  from  Since  County,  and  2  from  each  countyj 
which  may  be  hereafter  incorporated  into  this  Republic.    No  citizei 
shall  be  a  senator  who  shall  not  have  resided  nine  whole  years  im- 
mediately previous  to  his  election  in  the  Republic  of  Liberia,  and  wh( 
shall  not,  when  elected,  be  an  inhabitant  of  the  county  which  he  rep^ 
resents,  and  who  does  not  own  real  estate  of  not  less  value  than  1,00( 
dollars  in  the  county  which  he  represents,  and  who  shall  not  hav^ 
attained  the  age  of  25  years.    The  senator  for  each  county  who  shal| 
obtain  the  highest  number  of  votes  shall  retain  his  seat  eight  years 
and  the  one  who  was  elected  at  the  biennial  election  May,  A.  D.  1905J 
shall  retain  his  seat  for  six  years  and  all  who  are  afterward  elected 
eight  years.^ 

1  As  amended  7  May  1907.     Previously  it  was  required,  among  other  qualifications,  tl 
the  representative  reside  in  his  county  two  whole  years  and  own  real  estate  of  not  U 
value  than  150  dollars  in  his  county  ;  representatives  were  elected  biennially  and  serve 
two  years. 

'^  As  amended  7  May  1907.  Previously  it  was  required,  among  other  qualiflcationi^ 
that  the  senator  reside  in  the  Republic  three  whole  years  and  own  real  estate  of  nf 
less  value  than  200  dollars  ;  senators  served  four  years,  one  senator  from  each  couni 
being  elected  every  two  years. 


LIBERIA.  365 

SECT.    6. IMPEACHMENTS,   HOW   TRIED.      JUDGMENT  IN   SUCH   CASES. 

The  Senate  shall  try  all  impeachments;  the  senators  being  first 
sworn  or  solemnly  affirmed  to  try  the  same  impartially,  and  accord- 
ing to  law,  and  no  person  shall  be  convicted  but  by  the  concurrence 
of  two  thirds  of  the  senators  present.  Judgment  in  such  cases  shall 
not  extend  beyond  removal  from  office,  and  disqualification  to  hold 
an  office  in  the  Republic ;  but  the  party  may  be  tried  at  law  for  the 
same  offence. 

When  either  the  President  or  Vice-President  is  to  be  tried,  the 
Chief  Justice  shall  preside. 

SECT.    7. CENSUS,   WHEN  TAKEN.     ONE  REPRESENTATIVE  FOR  EVERY  TEN 

THOUSAND  INHABITANTS. 

It  shall  be  the  duty  of  the  legislature,  as  soon  as  conveniently  may 
be  after  the  adoption  of  this  Constitution,  and  once  at  least  in  every 
ten  years  afterwards,  to  cause  a  true  census  to  be  taken  of  each  town, 
and  county  of  the  Republic  of  Liberia;  and  a  representative  shall 
be  allowed  every  town,  having  a  population  of  10,000  inhabitants; 
and  for  every  additional  10,000  in  the  counties  after  the  first  census, 
1  representative  shall  be  added  to  that  county,  until  the  number  of 
representatives  shall  amount  to  30 ;  afterwards  1  representative  shall 
be  added  for  every  30,000. 

SECT.    8. EACH    BRANCH    OF   THE    LEGISLATURE   SHALL  BE   JUDGE   OF  THE 

ELECTION  AND  QUALIFICATIONS  OF  ITS  MEMBERS.  WHAT  SHALL  BE  A 
QUORUM.  MAY  COMPEL  THE  ATTENDANCE  OF  ABSENT  MEMBERS. 
MAY  EXPEL  A  MEMBER. 

Each  branch  of  the  legislature  shall  be  judge  of  the  election  re- 
I turns  and  qualifications  of  its  own  members.  A  majority  of  each 
shall  be  necessary  to  transact  business,  but  a  less  number  may  ad- 
ijourn  from  day  to  day,  and  compel  the  attendance  of  absent  mem- 
bers. Each  house  may  adopt  its  own  rules  of  proceedings,  enforce 
order,  and  with  the  concurrence  of  two  thirds,  may  expel  a  member. 

«ECT.    9. ADJOURN,    NEITHER   HOUSE   SHALL   FOR   MORE  THAN    TWO  DAYS 

WITHOUT  THE  CONSENT  OF  THE  OTHER. 

Neither  house  shall  adjourn  for  more  than  two  days  without  the 
consent  of  the  other;  and  both  houses  shall  always  sit  in  the  same 
town. 

SECT.    10. — BILLS    OR    RESOLUTIONS,    HOW    PASSED.      TO    BE   PRESENTED    TO 
THE  PRESIDENT  FOR  APPROVAL. 

Every  bill  or  resolution  which  shall  have  passed  both  branches  of 
the  legislature,  shall,  before  it  becomes  a  law,  be  laid  before  the 


366  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

President  for  his  approval;  if  he  approves,  he  shall  sign  it;  if  not, 
he  shall  return  it  to  the  legislature  with  his  objections;  if  the  legis- 
lature shall  afterwards  pass  the  bill  or  resolution  by  a  vote  of  two 
thirds  in  each  branch,  it  shall  become  a  law.  If  the  President  shall 
neglect  to  return  such  bill  or  resolution  to  the  legislature,  with  his 
objections  for  five  days  after  the  same  shall  have  been  so  laid  before 
him,  the  legislature  remaining  in  session  during  that  time,  such 
neglect  shall  be  equivalent  to  his  signature. 

SECT.       11. SENATORS       AND       REPRESENTATIVES       FREE       FROM       ARREST, 

EXCEPT,    &C. 

The  senators  and  representatives  shall  receive  from  the  Eepublic 
a  compensation  for  their  services  to  be  ascertained  by  law ;  and  shall 
be  privileged  from  arrest  except  for  treason,  felony,  or  breach  of 
the  peace  while  attending  at,  going  to,  or  returning  from  the  ses- 
sion of  the  legislature.  • 

Article  III. — Executive  Power. 

SECT.  1. president  OF  THE  REPUBLIC,  HOW  ELECTED.  TERM  OF  OF- 
FICE. COMMANDER-IN-CHIEF.  POWER  TO  MAKE  TREATIES.  NOMINATE, 
APPOINT,  AND  COMMISSION  PUBLIC  OFFICERS.  FILL  VACANCIES  IN  CER- 
TAIN OFFICES.  INFORM  THE  LEGISLATURE  OF  THE  CONDITION  OF  THE 
EEPUBLIC.  RECOMMEND  PUBLIC  MEASURES,  REMIT  FORFEITURES,  AND 
GRANT  PARDONS,  EXCEPT  IN  CASES  OF  IMPEACHMENTS.  MAY  REQUIRE 
INFORMATION    FROM    PUBLIC    OFFICERS.       MAY    CON\TENE    THE    LEGISLA- 


The  supreme  executive  power  shall  be  vested  in  a  President,  who 
shall  be  elected  by  the  people  and  shall  hold  his  office  for  the  term 
of  four  years.^  He  shall  be  commander-in-chief  of  the  Army  and 
Navy.  He  shall,  in  the  recess  of  the  legislature,  have  power  to  cal] 
out  the  militia,  or  any  portion  thereof,  into  actual  service  in  defence 
of  the  Eepublic.  He  shall  have  power  to  make  treaties,  provide( 
the  Senate  concur  therein,  by  a  vote  of  two  thirds  of  the  senators 
present.  He  shall  nominate,-  and  with  the  advice  and  consent  of  th( 
Senate,  appoint  and  commission  all  ambassadors  and  other  public 
ministers  and  consuls.  Secretaries  of  State,  of  War,  of  the  Navy,  an( 
of  the  Treasury,  Attorney- General,  all  judges  of  courts,  sheriffs^ 
coroners,  marshals,  justices  of  the  peace,  clerks  of  courts,  registersJ 
notaries  public,  and  all  other  officers  of  State,  civil  and  military^ 
whose  appointment  may  not  be  otherwise  provided  for  by  the  Con-j 
stitution  or.  by  standing  laws.  And  in  the  recess  of  the  Senate,  h« 
may  fill  any  vacancies  in  those  offices  until  the  next  session  of  the 

1  Ab  amended  7  May  1907.     Previously  the  presidential  term  was  two  years. 


LIBERIA.  367 

Senate.  He  shall  receive  all  ambassadors  and  other  public  minis- 
ters. He  shall  take  care  that  the  laws  be  faithfully  executed;  he 
shall  inform  the  legislature  from  time  to  time  of  the  condition  of 
the  Republic,  and  recommend  any  public  measures  for  their  adop- 
tion, which  he  may  think  expedient.  He  may  after  conviction  remit 
any  public  forfeitures  and  penalties,  and  grant  reprieves  and  par- 
dons for  public  offences  except  in  cases  of  impeachment.  He  may 
require  information  and  advice  from  any  public  officer,  touching  mat- 
ters pertaining  to  his  office.  He  may  on  extraordinary  occasions 
convene  the  legislature,  and  may  adjourn  the  two  houses  whenever 
they  can  not  agree  as  to  the  time  of  adjournment. 

SECT.    2. VICE-PRESIDENT  ELECTED  IN   THE  SAME   MANNER  AND   FOR  THE 

SAME  TERM  AS  THE  PRESIDENT.  QUALIFICATIONS  THE  SAME.  PRESI- 
DENT OF  THE  SENATE.  CASTING  VOTE.  PRESIDENT  OF  THE  REPUBLIC 
IN  CASE  OF  THE  REMOVAL  OF  THE  PRESIDENT.  LEGISLATURE  MAY  PRO- 
VIDE   FOR    THE    CASES    OF    REMOVAL. 

There  shall  be  a  Vice-President,  who  sliall  be  elected  in  the  same 
manner  and  for  the  same  term  as  that  of  the  President,  and  whose 
qualifications  shall  be  the  same ;  he  shall  be  President  of  the  Senate, 
and  give  the  casting  vote  when  the  house  is  equally  divided  on  any 
subject.  And  in  case  of  the  removal  of  the  President  from  office,  or 
his  death,  resignation,  or  inability  to  discharge  the  powers  and  duties 
of  the  said  office,  the  same  shall  devolve  on  the  Vice-President;  and 
the  legislature  may  by  law  provide  for  the  cases  of  removal,  death, 
resignation,  or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and  such  officer 
shall  act  accordingly  until  the  disability  be  removed  or  a  President 
shall  be  elected.  When  a  vacancy  occurs  in  the  Vice-Presidency  by 
death,  resignation  or  otherwise,  after  the  regular  election  of  the 
President  and  Vice-President,  the  President  shall  immediately  order 
a  special  election  to  fill  said  vacancy.^ 

gECT.  3. — SECRETARr  OF  STATE.  KEB^  THE  RECORDS  OF  THE  STATE  AND 
PAPERS  OF  THE  LEGISLATURE.  SHALL  ATTEND  UPON  THE  PRESIDENT 
OR     LEGISLATURE     W^HEN     REQUIRED. 

The  Secretary  of  State  shall  keep  the  records  of  the  State,  and  all 
the  records  and  papers  of  the  legislative  body,  and  all  other  public 
records  and  documents  not  belonging  to  any  other  department,  and 
shall  lay  the  same  when  required  before  the  President  or  legislature. 
He  shall  attend  upon  them  when  required,  and  perform  such  other 
duties  as  may  be  enjoined  by  law. 

1  This  last  sentence  was  added  7  May  1907. 


368  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

SECT.  4. SECRETARY  OF  THE  TREASURY.      GIVE  BONDS  TO  THE  ACCEPTANCE 

OF  THE  LEGISLATURE.  EXHIBIT  ACCOUNTS  WHEN  REQUIRED.  MONEYS 
DRAWN  FROM  THE  TREASURY  BY  WARRANT  IN  CONSEQUENCE  OF  APPRO- 
PRIATION. 

The  Secretary  of  the  Treasury  or  ot«her  persons  who  may  by  law  be 
charged  with  the  custody  of  the  public  moneys,  shall  before  he  re- 
ceive such  moneys  give  bonds  to  the  State,  with  sufficient  sureties,  to 
the  acceptance  of  the  legislature,  for  the  faithful  discharge  of  his 
trust.  He  shall  exhibit  a  true  account  of  such  moneys  when  required 
by  the  President  or  legislature,  and  no  moneys  shall  be  drawn  from 
the  treasury,  but  by  warrant  from  the  President,  in  consequence  of 
appropriation  made  by  law. 

SECT.  5. CERTAIN  PUBLIC  OFFICERS,  THEIR  TERM  OF  OFFICE.  MAY  BE  RE- 
MOVED WITHIN  THAT  TIME.  WHAT  OFFICERS  HOLD  THEIR  OFFICE  AT 
THE    PLEASURE    OF    THE    PRESIDENT. 

All  ambassadors  and  other  public  ministers  and  consuls,  the  Sec- 
retary of  State,  of  War,  of  the  Treasury,  and  of  the  Navy,  the 
Attorney- General  and  Postmaster-General,  shall  hold  their  offices 
during  the  pleasure  of  the  President.  All  justices  of  the  peace, 
sheriffs,  coroners,  marshals,  clerks  of  courts,  registers,  and  notaries 
public,  shall,  hold  their  offices  for  the  term  of  two  years  from  the 
date  of  their  respective  commissions,  but  may  be  removed  from  office 
within  that  time  by  the  President  at  his  pleasure;  and  all  other 
officers  whose  term  of  office  may  not  be  otherwise  limited  by  law, 
shall  hold  their  offices  during  the  pleasure  of  the  President.^ 

SECT.    6. — REMOVAL  FROM   OFFICE   FOR  OFFICIAL   MISCONDUCT;    HOTT   AND 

BT  WHOM. 

Every  civil  officer  may  be  removed  from  office  by  impeachment,  for 
official  misconduct.  Every  such  officer  may  also  be  removed  by  th» 
President  upon  the  address  of  both  branches  of  the  legislature,  stating 
their  particular   reason   for  his   removal. 

SECT.  7. QUALIFICATION  OF  THE  PRESIDENT. 

No  person  shall  be  eligible  to  the  office  of  President,  who  has  not 
been  a  citizen  of  this  Republic  for  at  least  twelve  years  previous  to 

1  This  section  was  amended  on  7  May  1907  to  read  as  follows  :  "  All  ambassadors  and 
other  oflacers  (as  named  in  said  section)  and  all  other  officers  whose  term  of  office  may 
not  be  otherwise  limited  by  law,  shall  hold  their  offices  for  four  years  or  during  the 
time  of  the  President,  but  said  officers  may  be  removed  from  office  at  any  time  by  the 
President  for  official  misconduct." 


LIBERIA.  369 

his  election,  and  who  shall  not  have  attained  the  a^e  of  35  years,  and 
who  is  not  possessed  of  unencumbered  real  estate  of  not  less  value 
than  3,000  dollars.^ 

SECT.  8. COMPENSATION  OF  THE  PRESIDENT.  SHALL  NEITHER  HE  IN- 
CREASED NOR  DIMINISHED,  «feC.  OATH  OR  AFFIRMATION  BEFORE  ENTER- 
ING ON  THE  EXECUTION  OF  HIS  OFFICE. 

The  President  shall  at  stated  times  receive  for  his  services  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected :  and  before  he  enters  on 
the  execution  of  his  office,  he  shall  take  the  following  oath  or  affirma- 
tion: 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
President  of  the  Republic  of  Liberia,  and  will,  to  the  best  of  my  ability,  pre- 
serve, protect  and  defend  the  Constitution  and  enforce  the  laws  of  the  Republic 
of  Liberia. 

[section    Q.y 

For  the  purposes  of  counsel  and  advice,  all  Ex-Presidents  shall  be 
ex-offlcio  members  of  the  Senate,  and  shall  be  entitled  to  discuss  all 
matters  before  that  body,  but  shall  not  be  entitled  to  vote  thereon. 

The  members  of  the  cabinet,  shall  also  be  ex-officio  members  of  the 
legislature,  and  shall  be  privileged  to  attend  either  branch  for  the 
purpose  of  discussing  or  advising  upon  any  matter  appertaining  to 
their  respective  departments. 

Article  IV. — Judicial  'Department. 

SECT.    1. judicial   POWER,    HOW   VESTED.      JUDGES    HOLD   THEIR   OFFICE 

DURING  GOOD  BEHAVIOUR.  HOW  REMOVED.  SALARIES  MAY  BE  IN- 
CREASED, BUT  NOT  DIMINISHED.  SHALL  NOT  RECEIVE  OTHER  PERQUI- 
SITES OR  EMOLUMENTS. 

'  The  judicial  power  of  this  Republic  shall  be  vested  in  one  Supreme 
Court,  and  such  subordinate  courts  as  the  legislature  may  from  time 
to  time  establish.  The  judges  of  the  Supreme  Court,  and  all  other 
judges  of  courts,  shall  hold  their  office  during  good  behaviour,  but 
may  be  removed  by  the  President,  on  the  address  of  two  thirds  of 
both  houses  for  that  purpose,  or  by  impeachment  and  conviction 
ll thereon.     The  judges  shall  have  salaries  established  by  law,  which 


»As  amended  7  May  1907.  Previously  It  was  required  to  be  a  citizen  for  five  years, 
to  be  35  years  of  age  and  to  be  possessed  of  unencumbered  real  estate  of  the  value  of 
600  dollars. 

*Thls  amendment  of  7  May  1907  has  been  inserted  here  as  Section  9,  although  its 
i  proper  place  Is  not  Indicated  In  the  oflSclal  sources. 


370  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

may  be  increased  but  not  diminished  during  their  continuance  in 
office.  They  shall  not  receive  other  perquisites  or  emoluments  Avhat- 
ever  from  parties  or  others  on  account  of  any  duty  required  of  them. 

SECT.      2. SUPREME     COURT,     ORIGINAL     AND     APPELLATE     JURISDICTION. 

WHAT  CASES. 

The  Supreme  Court  shall  have  original  jurisdiction  in  all  cases 
affecting  ambassadors  or  other  public  ministers  and  consuls,  and 
those  to  which  a  county  shall  be  a  party.  In  all  other  cases  the  Su- 
preme Court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions  and  under  such  regulations  as  the  legis- 
lature shall  from  time  to  time  make. 

SECTION   3.^ 

The  judges  of  the  Supreme  Court  of  the  Republic  shall  be  the 
Chief  Justice  and  two  Associate  Justices. 

SECTION  4.^ 

No  person  shall  be  appointed  judge  of  any  of  the  courts  of  records 
of  this  Republic,  who  has  not  resided  in  the  Republic  at  least  seven 
whole  years,  immediately  previous  to  his  appointment  by  the 
President. 

Each  judge  of  the  Supreme  Court  must,  at  the  time  of  his  ap- 
pointment by  the  President,  be  possessed  of  unencumbered  real 
estate  of  not  less  value  than  1,500  dollars,  and  attained  the  age  of 
35  years;  and  every  judge  of  any  of  the  subordinate  courts  of  records 
of  this  Republic  must,  at  the  time  of  his  appointment  by  the  Presi- 
dent, be  possessed  of  unencumbered  real  estate  of  not  less  valuf 
than  1,000  dollars,  and  attained  the  age  of  30  years. 

Article  V. — ^Miscellaneous  Provisions. 

SECT.  1. — commonwealth;  laws  or  to  remain  in  force  until  RL'- 

PEALED    BY    THE    LEGISLATURE. 

All  laws  now  in  force  in  the  Commonwealth  of  Liberia,  and  not 
repugnant  to  the  Constitution,  shall  be  in  force  as  the  laws  of  the 
Republic  of  Liberia  until  they  shall  be  repealed  by  the  legislature. 

SECT.   2.— OFFICERS  UNDER  THE  COMMONWEALTH  TO  HOLD  OFFICES  UNTIL 
OTHERS  SHALL  BE  APPOINTED  AND  COMMISSIONED  IN  THEIR  STEAD. 

All  judges,  magistrates,  and  other  officers  now  concerned  in  the 
administration  of  justice  in  the  Commonwealth  of  Liberia,  and  all 

1  Sections  3  and  4  were  added  7  May  1907. 


LIBERIA.  371 

Other  existing  civil  and  military  officers  therein,  shall  continue  to 
hold  and  discharo^e  the  duties  of  their  respective  offices  in  the  name 
and  by  the  authority  of  the  Eepublic,  until  others  shall  be  appointed 
and  commissioned  in  their  stead,  pursuant  to  the  Constitution. 

SECT.    3. TOWNS    AND    MUNICIPAL    CORPORATIONS    UNDER    THE    LAWS    OF 

THE   COMMONWEALTH   TO  RETAIN   THEIR  EXISTING  ORGANIZATION   AND 
AUTHORITY. 

All  towns  and  municipal  corporations  within  the  Republic,  con- 
stituted under  the  laws  of  the  Commonwealth  of  Liberia,  shall  retain 
their  existing  organizations  and  privileges,  and  the  respective  officers 
thereof  shall  remain  in  office,  and  act  under  the  authority  of  this 
Republic,  in  the  same  manner  and  with  the  like  powers  as  they  now 
possess  under  the  laws  of  said  Commonwealth. 

SECT.  4. — FIRST  ELECTION  OF  OFFICERS  UNDER  THIS  CONSTITUTION.      HOW 
ELECTED,  RETURNS  MADE,  AND  NOTICE  GIVEN. 

The  first  election  of  President,  Vice-President,  senators  and  repre- 
sentatives shall  be  held  on  the  first  Tuesday  in  October,  in  the  year 
of  our  Lord  1847,  in  the  same  manner  as  election  of  members  of  the 
Council  are  held  in  the  Commonwealth  of  Liberia;  and  the  votes 
shall  be  certified  and  returned  to  the  Colonial  Secretary,  and  the 
result  of  the  election  shall  be  ascertained,  posted  and  notified  by 
him,  as  is  now  by  law  provided  in  case  of  such  members  of  Council. 

SECT.  5. — SELECTIONS  WHERE  HELD.  TO  WHOM  RETURNS  OP  VOTES  SHALL 
BE  MADE.  ORGANIZATION  OF  THE  LEGISLATURE.  VOTES  FOR  PRESI- 
DENT, BY  WHOM  COUNTED  AND  DECLARED.  FAILING  A  MAJORITY  OF 
VOTES  FOR  ANY  ONE  CANDIDATE,  THE  SENATORS  AND  REPRESENTATIVES, 
IN  CONVENTION,  SHALL  ELECT  A  PRESIDENT. 

AH  other  elections  of  President,  Vice-President,  senators  and  rep- 
resentatives shall  be  held  in  the  several  counties  of  this  Republic  on 
the  second  Tuesday  in  October  in  every  four  years  ;^  to  be  held  and 
regulated  in  such  manner  as  the  legislature  may  by  law  prescribe. 
The  returns  of  votes  shall  be  made  to  the  Secretary  of  State,  who 
shall  open  the  same,  and  forthwith  issue  notices  of  the  election  to  the 
persons  apparently  so  elected  senators  and  representatives,  and  all 
such  returns  shall  be  by  him  laid  before  the  legislature  at  its  next 
ensuing  session,  together  with  a  list  of  the  names  of  the  persons  who 
appear  by  such  returns  to  have  been  duly  elected  senators  and  repre- 
sentatives; and  the  persons  appearing  by  said  returns  to  be  duly 

^  As  amended  7  May  1907.  Previously  the  elections  were  biennial  and  were  held  on 
the  first  Tuesday  in  May. 


372  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

elected,  shall  proceed  to  organize  themselves  accordingly  as  the  Senate 
and  House  of  Representatives.  The  votes  for  President  shall  be 
sorted,  counted  and  declared  by  the  House  of  Representatives.  And 
if  no  person  shall  appear  to  have  a  majority  of  such  votes,  the  sena- 
tors and  representatives  present  shall,  in  convention,  by  joint  ballot, 
elect,  from  among  the  persons  having  the  three  highest  number  of 
votes,  a  person  to  act  as  President  for  the  ensuing  term. 

SECT.  6. MEETING  OF  THE  LEGISLATURE  AT  LEAST  ONCE  IN  EVERY  YEAR. 

The  legislature  shall  assemble  once  at  least  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  January,  unless  a  different 
day  shall  be  appointed  by  law. 

SECT.    7. OFFICERS   REQUIRED   TO   SUBSCRIBE   ON   OATH   OR   AFFIRMATION. 

BY  WHOM  THE  OATH  OR  AFFIRMATION  SHALL  BE  ADMINISTERED,  &C. 

Every  legislator  and  other  officer  appointed  under  this  Constitution 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and  subscribe 
a  solemn  oath  or  affirmation  to  support  the  Constitution  of  this  Re- 
public, and  faithfully  and  impartially  to  discharge  the  duties  of  such 
office.  The  presiding  officer  of  the  Senate  shall  administer  such  oath 
or  affirmation  to  the  President,  in  convention  of  both  houses;  and 
the  President  shall  administer  the  same  to  the  Vice-President,  to  the 
senators  and  to  the  representatives  in  like  manner.  When  the  Presi- 
dent is  unable  to  attend,  the  Chief  Justice  of  the  Supreme  Court 
may  administer  th*e  oath  or  affirmation  to  him  at  any  place,  and  also 
to  the  Vice-President,  senators  and  representatives  in  convention^  ] 
Other  officers  may  take  such  oath  or  affirmation  before  the  Presi- 
dent, Chief  Justice,  or  any  other  person  who  may  be  designated 
by  law. 

SECT.    8. — ^A    MAJORITY   OF   THE    VOTES   REQUIRED   FOR   THE    ELECTION    OFj 

CERTAIN  OFFICERS. 

All  elections  of  public  officers  shall  be  made  by  a  majority  of  the 
votes,  except  in  cases  otherwise  regulated  by  the  Constitution  or 
by  law. 

SECT,   9. OFFICERS  ONLY  CREATED   WHICH  THE  PRESENT   CIRCUMSTANCES 

REQUIRE. 

Officers  created  by  this  Constitution,  which  the  present  circum- 
stances of  the  Republic  do  not  require  that  they  shall  be  filled,  shall 
not  be  filled  until  the  legislature  shall  deem  it  necessary. 


LIBERIA.  373 

SECT.     10. THE    RIGHT    OF    CERTAIN     PROPERTY    SECURED    TO    THE    WIFE, 

WHICH  CAN  ONLY  BE  ALIENATED  BY  HER. 

The  property  of  which  a  woman  may  be  possessed  at  the  time  of 
her  man-iage,  and  also  that  of  which  she  may  afterwards  become 
possessed,  otherwise  than  by  her  husband,  shall  not  be  held  respon- 
sible for  his  debts,  whether  contracted  before  or  after  marriage. 

Nor  shall  the  property  thus  intended  to  be  secured  to  the  woman 
be  alienated  otherwise  than  by  her  free  and  voluntary  consent,  and 
such  alienation  may  be  made  by  her  either  by  sale,  devise  or  other- 
wise. 

SECT.    11. — THE   widow's   SHARE  OF   INSOLVENT  ESTATES. 

In  all  cases  in  which  estates  are  insolvent,  the  widow  shall  be  en- 
titled to  one  third  of  the  real  estate  during  her  natural  life,  and  to 
one  third  of  the  personal  estate,  which  she  shall  hold  in  her  own 
right,  subject  to  alienation  by  her,  by  devise  or  otherwise. 

SECT.     12. NONE    BUT    A     CITIZEN    IS    ENTITLED  TO  HOLD     REAL    ESTATE, 

EXCEPT,  &C. 

No  person  shall  be  entitled  to  hold  real  estate  in  this  Republic, 
unless  he  be  a  citizen  of  the  same.  Nevertheless,  this  article  shall  not 
be  construed  to  apply  to  colonization,  missionary ,.  educational  or 
other  benevolent  institutions,  so  long  as  the  property  or  estate  is  ap- 
plied to  its  legitimate  purposes. 

SECT.  13. NONE  BUT  PERSONS  OF  COLOUR  SHALL  BE  ADMITTED  TO  CITIZEN- 
SHIP. 

The  great  object  of  forming  these  colonies  being  to  provide  a  home 
for  the  dispersed  and  oppressed  children  of  Africa,  and  to  regenerate 
and  enlighten  this  benighted  continent,  none  but  persons  of  Negro 
descent^  shall  be  admitted  to  citizenship  in  this  Republic. 

SECT.    14. — PRIVATE  INDIVIDUALS  SHALL  NOT  PURCHASE  LAND  FROM  THE 

ABORIGINES. 

The  purchase  of  any  land  by  any  citizen  or  citizens  from  the 
aborigines  of  this  country  for  his  or  their  own  use,  or  for  the  benefit 
of  others,  on  estate  or  estates  in  fee  simple,  shall  be  considered  null 
and  void  to  all  intents  and  purposes. 

1  As  amended  7  May  1907.  Previously  "  none  but  persons  of  colour  "  were  admissible 
to  citizenship. 


374  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

SECT.  15. THE  IMPROVEMENT  OF  THE  NATIVE  TRIBES.     THE  APPOINTMENT 

OF  SUITABLE  PERSONS  TO  VISIT  AND  INSTRUCT  THEM.     THE  LEGISLATURE 
TO  MAKE  APPROPRIATION  FOR  THAT  PURPOSE. 

The  improvement  of  the  native  tribes  and  their  advancement  in  the 
arts  of  agriculture  and  husbandry  being  a  cherished  object  of  this 
government,  it  shall  be  the  duty  of  the  President  to  appoint  in  each 
county  some  discreet  person,  whose  duty  it  shall  be  to  make  regular 
and  periodical  tours  through  the  country  for  the  purpose  of  calling 
the  attention  of  the  natives  to  those  wholesome  branches  of  industry, 
and  of  instructing  them  in  the  same;  and  the  legislature  shall,  as 
soon  as  it  can  conveniently  be  done,  make  provisions  for  these  pur- 
poses by  the  appropriation  of  money. 

SECT.    16. THE  EXISTING  REGULATIONS  OF  THE  AMERICAN   COLONIZATION 

SOCIETY  RELATIVE  TO  IMMIGRANTS  TO  REMAIN  THE  SAME  UNTIL  REGU- 
LATED BY  COMPACT,  &C. 

The  existing  regulations  of  the  American  Colonization  Society  in 
the  Commonwealth  relative  to  emigrants  shall  remain  the  same  in 
the  Republic  until  regulated  by  compact  between  the  Society  and  the 
Republic ;  nevertheless,  the  legislature  shall  make  no  law  prohibiting 
emigration.  And  it  shall  be  among  the  first  duties  of  the  legislature 
to  take  measures  to  arrange  the  future  relations  between  the  Ameri- 
can Colonization  Society  and  this  Republic. 

SECT.   17. THIS  CONSTITUTION  MAY  BE  ALTERED.     HOW  AND  WHEN. 

This  Constitution  may  be  altered  whenever  two  thirds  of  both 
branches  of  the  legislature  shall  deem  it  necessary ;  in  which  case  the 
alterations  or  amendments  shall  first  be  considered  and  approved  by 
the  legislature,  by  the  concurrence  of  two  thirds  of  the  members  of 
each  branch,  and  afterwards  by  them  submitted  to  the  people,  and 
adopted  by  two  thirds  of  all  the  electors  at  the  next  biennial  meeting 
for  the  election  of  senators  and  representatives. 


LIECHTENSTEIN. 

This  principality,  whose  origin  dates  back  to  1712  and  which  was 
raised  to  an  Imperial  Principality  by  Emperor  Charles  VI  in  1719, 
is  the  only  one  which  continued  to  follow  the  fortunes  of  Austria 
after  the  reconstitution  of  the  German  Empire  under  the  hegemony 
of  Prussia.  Since  1866  it  has  had  no  confederative  alliance,  but  has 
enjoyed  close  relations  with  Austria  by  virtue  of  various  treaties. 
Its  first  Constitution,  dated  9  November  1818,^  was  promulgated  in 
pursuance  of  Article  13  of  the  Act  of  the  German  Confederation. 
Several  modifications  made  in  this  Constitution  in  18-48  and  1849 
were  abolished  in  part  in  1852.  The  Constitution  of  1818  remained 
in  force  until  the  Prince,  John  II,  promulgated  the  Constitution 
of  26  September  1862,  which  since  that  date  has  been  modified 
in  separate  provisions  by  the  Laws  of  19  February  1878,  29  December 
1895  and  11  October  1901.^ 


CONSTITUTION  OF  26  SEPTEMBER  1862.' 
[Preamble.] 

We,  John  II,  by  the  grace  of  God,  Sovereign  Prince  of  Liechten- 
stein, Duke  of  Troppau,  Count  of  Rietberg,  etc.,  etc.,  etc.,  make 
known  by  these  presents  that  the  Constitution  of  our  Principality 
has,  as  a  result  of  the  wishes  expressed  by  our  faithful  Estates  and 
with  the  advice  and  constitutional  sanction  of  the  assembled  Diet, 
been  ordered  as  follows. 

Chapter  I. — The  Principality  and  Its  Government. 

Article  1.  The  Principality  of  Liechtenstein,  in  the  union  of  its 
two  provinces  of  Vaduz  and  Schellenberg,  forms  an  indivisible  and 
unalterable  unit  and  as  such  is  a  part  of  the  German  Confederation. 

Art.  2.  The  Prince  is  the  head  of  the  State,  unites  in  his  person 
all  State  rights,  and  exercises  them  according  to  the  provisions  laid 
down  in  the  present  Constitution. 

His  person  is  sacred  and  inviolable. 

»  English  translation  In  the  BHtish  and  Foreign  State  Papers.  5 :  pp.  1192-1194. 

«  This  Introductory  paragraph  Is  based  upon  F.  R.  Dareste  et  P.  Dareste,  Les  Consti- 
tutions modernes  (3d  edition,  Paris,  1910),  vol.  i,  p.  532.  There  is  a  fuller  account  in 
Paul  Posener,  Die  Staatsverfassungen  dcs  Erdhalls  (Charlottenburg,  1909),  pp.  656-G57. 

"  Translated  by  B.  H.  Zeydel  from  the  German  text  in  Posbneb,  op.  oit,,  pp.  667-672. 

375 


376  CONSTITUTIONS   or  THE   STATES  AT  WAK. 

Art.  3.  The  government  is  hereditary  in  the  princely  house  of 
Liechtenstein  in  accordance  with  the  house  laws.  The  latter  also 
regulate  the  questions  that  may  arise  as  to  the  majority  of  the 
Prince  and  of  the  hereditary  prince,  and  questions  pertaining  to 
guardianship. 

Chapter  II. — The  General  Rights  and  Duties  of  Subjects. 

Art.  4.  Sojourning  within  the  boundaries  of  the  Principality  car- 
ries with  it  the  duty  of  obeying  its  laws  and  on  the  other  hand  forms 
the  basis  for  legal  protection. 

Art.  5.  The  acquisition  of  all  political  rights  is  permitted  to  every 
subject  in  accordance  with  the  provisions  of  this  Constitution. 

Art.  6.  The  laws  provide  for  the  origin  and  acquisition  and  for 
the  deprivation  and  loss  of  political  rights  and  of  citizenship. 

Art.  7.  The  provincial  laws  provide  the  general  legal  standard 
for  all  subjects,  and  all  subjects  are  equal  before  the  law. 

Art.  8.  Freedom  of  the  person  and  of  external  religious  worship 
are  guaranteed  by  this  Constitution. 

Freedom  of  communicating  thought  through  the  press  shall  be 
regulated  by  a  special  law. 

Art.  9.  As  a  rule  no  one  may  be  deprived  of  his  ordinary  judge 
nor  arrested  and  punished  in  a  way  other  than  that  provided  by  law 
in  given  cases  and  under  observance  of  the  legal  forms. 

Except  when  a  person  is  caught  in  flagrante  delicto^  his  arrest  may 
take  place  only  by  virtue  of  ati  official  order  with  the  reasons  stated 
therein. 

Art.  10.  Every  person  Avho  is  arrested  must  be  informed  of  the 
reasons  for  his  arrest  immediately,  at  the  latest  within  24  hours  after 
his  arrest,  and  he  must  be  granted  a  hearing  by  the  officials  of  the 
court.  If  the  arrest  was  not  made  by  the  court  which  is  competent 
to  continue  the  proceedings,  the  arrested  person  must  be  delivered  to 
the  competent  court. 

Art.  11.  Every  person  against  whom  a  charge  has  been  made  shall, 
unless  there  is  conclusive  evidence  of  a  crime  against  him,  be  imme- 
diately released  from  custody  after  the  deposit  of  a  suitable  bail  or 
security  to  be  fixed  by  the  court. 

Art.  12.  Domiciliary  search  shall  take  place  only  in  unavoidable 
instances  and  by  virtue  of  an  order  granted  by  the  competent  court, 
under  observance  of  the  legal  forms.  This  order  must  be  presented 
in  writing  to  the  owner  of  the  domicile. 

Art.  13.  The  arrested  person  has  the  right,  under  the  supervision 
of  the  competent  court,  to  communicate  with  his  relatives  orally  or 
in  writing  concerning  his  family  relations,  and,  during  the  examina- 
tion, to  secure  through  his  own  means  better  food  than  the  ordinary. 


LIECHTENSTEIN.  377 

This  right  may  be  curtailed  or  formally  prohibited   by  the  court 
because  of  abuse  or  for  other  reasons  of  importance. 

Art.  14.  I'roperty  or  other  rights  and  privileges  may^be  demanded 
for  purposes  of  the  State  or  of  a  community  only  in  the  cases  and 
forms  prescribed  by  the  law  and  in  consideration  of  full  indemnity, 
which  must  be  paid  previously. 

Art.  15.  The  Constitution  guarantees  the  release  by  sale  of  all 
existing  tithes,  also  of  ground  taxes  in  accordance  with  the  pro- 
visions of  a  law,  which  does  not,  however,  exclude  the  possibility  of  a 
friendly  agreement. 

Art.  16.  All  confiscation  of  property  is  prohibited,  but  the  con- 
fiscation of  separate  articles  which  have  served  or  may  serve  as  the? 
tool  or  means  of  a  crime  or.  a  violation  is  henceforth  pennitted. 

Art.  17.  Exclusive  commercial  and  industrial  privileges  for  a  lim- 
ited period  will  be  regulated  by  a  special  law  in  agreement  with  the 
laws  of  the  Confederation  thereto  pertaining. 

Art.  18.  The  right  of  forming  societies  is  regulated  by  a  law  and  is- 
protected  by  the  Constitution. 

Art.  19.  The  right  of  making  complaints  is  guaranteed. 

Consequently  every  subject  has  the  right  to  complain,  to  the 
authorities  which  are  immediately  superior,  about  the  conduct  or 
acts  of  public  officials  injurious  to  his  interest  and  in  violation  of 
the  Constitution,  the  laws,  or  the  regulations.  Such  complaints,  if 
necessary,  may  be  prosecuted  to  the  highest  authorities.  If  the  com- 
plaint is  rejected  by  the  superior  authorities,  the  said  authorities 
must  furnish  the  petitioner  with  the  reasons  for  their  decision. 

Art.  20.  The  right  of  petitioning  the  Diet  is  guaranteed,  and  not 
only  individual  subjects  and  others  acting  in  their  interests,  but  also 
communes  and  corporations  may  present  their  wishes  and  requests 
to  the  Diet  through  a  member  thereof. 

Art.  21.  Every  man  capable  of  bearing  arms  is  liable  to  be  called 
to  the  defense  of  the  country  in  case  of  need,  until  he  has  passed  his 
sixtieth  year. 

The  law  determines  the  obligations  of  military  service  and  the 
ordinary  and  extraordinary  military  duties  in  time  of  war  as  well  as 
of  peace,  in  accordance  with  the  laws  of  the  Confederation  thereto 
pertaining.^ 

Art.  22.  A  communal  law  which  is  to  be  promulgated  shall  be 
based  on  the  following  points : 

a.  Free  choice  of  the  communal  president  by  the  communal 
assembly. 

» Here  and  elsewhere  the  term  "  Confederation  "  refers  to  the  German  Confederation 
to  which  Liechtenstein  belonged  prior  to  1866.  See  the  Introductory  paragraph  above, 
D.  375. 

88381—19 25 


378  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

h.  Independent  administration  of  property  and  of  local  police 
under  supervision  of  the  government. 

G.  The  administration  and  reg.dation  of  the  poor  laws  and  of  the 
schools. 

d.  The  right  of  the  commune  to  grant  citizenship. 

e.  Freedom  of  settlement  of  subjects  in  every  commune. 

Chapter  III. — Tpie  Authority  of  the  State,  Its  Exercise,  and 
THE  OmciALs  or  the  State. 

Art.  23.  The  Prince  represents  the  State  in  all  its  relations  with 
foreign  States. 

Without  the  consent  of  the  Diet  neither  the  State  as  a  whole  nor 
any  part  thereof,  nor  any  property  of  the  State,  may  be  sold  by 
treaties  with  foreign  States,  and  no  sovereign  right  or  royal  preroga- 
tive of  the  State  may  be  relinquished  or  otherwise  disposed  of  in 
favor  of  a  foreign  State;  moreover,  no  new  burden  may  be  imposed 
upon  the  Principality  or  its  subjects  and  no  obligation  ma}^  be  con- 
tracted which  might  violate  the  rights  of  the  subjects. 

Art.  24.  Without  the  cooperation  and  the  consent  of  the  Diet  no 
law  may  be  promulgated,  rescinded,  modified  or  authentically 
interpreted. 

However,  the  Prince  will  without  the  cooperation  of  the  Diet  take 
measures  required  for  the  execution  and  administration  of  the  laws, 
as  well  as  make  regulations  concerning  the  right  of  supervision  and 
administration  and  issue  the  proper  ordinances.  The  Prince  will 
also  in  cases  of  urgency  take  the  necessary  precautions  for  the  safety 
and  welfare  of  the  State. 

Art.  25.  These  provisions  are  applied  by  the  laws  in  practice  inj 
police  matters  of  the  country. 

Art.  26.  All  laws  and  ordinances  which  are  at  variance  with  ai 
express  provision  of  the  present  Constitution  are  hereby  rescinded^ 

Such  legal  provisions  as  are  not  in  accord  with  the  spirit  of  this 
Constitution  shall  be  submitted  to  a  constitutional  revision. 

Art.   27.  The  governing  power,  which  is  in  the  hands  of  th( 
Prince,  shall,  in  conformity  with  the  provisions  of  this  Constitutioi 
be  exercised  by  responsible  State  officials  appointed  by  the  Prince] 

Art.  28.  The  organization  of  the  State  authorities  shall  be  regu- 
lated by  the  Prince  through  decrees,  but  these  decrees  must  be  base( 
on  the  constitutional  provision  that  the  authorities  have  their  official 
residence  in  the  Principality. 

Art.  29.  All  laws  and  ordinances  and  all  decrees,  w^hich  issue 
from  the  Prince  or  a  regency,  must,  in  order  to  gain  validity,  b( 
countersigned  by  a  responsible  official  who  is  present  in  the  landj 


LIECHTENSTEIN.  379 

Further  regulations  on  this  subject  are  reserved  for  a  special  law, 
which  shall  form  an  integral  part  of  the  Constitution. 

Art.  30.  The  head  of  the  government  shall  give  to  the  Diet  at 
every  regular  session  detailed  information  as  to  the  revenues  and 
expenditures  of  the  country  and  shall  submit  to  it  the  government's 
rough  estimate  of  revenues  and  expenditures  for  the  next  year. 
These  expenditures  shall  inchide  only  sums  necessary  for  the  internal 
administration  and  foreign  relations,  since  the  Prince  retains  for 
himself  none  of  the  revenues.  Finally  the  sovereign  makes  the 
necessary  proposals  for  the  manner  of  covering  the  expenditures 
which  are  required. 

Art.  31.  The  government  has  the  right  of  incurring  necessary 
expenditures  which  were  unforeseen  and  were  not  included  in  the 
budget,  subject  to  the  approval  of  the  competent  State  authorities 
who  must  report  to  the  Diet  at  its  next  session  on  the  necessity  of 
making  the  expenditures,  as  well  as  give  an  account  of  the  use  to 
which  the  funds  were  put  and  also  secure  the  approval  of  the  Diet. 

Art.  32.  Funds  saved  in  separate  items  of  the  budget  may  not  be 
used  to  cover  deficits  in  others. 

Art.  33.  The  courts  of  law  are  administered  in  the  name  of  the 
Prince  by  approved  and  responsible  judges. 

Art.  34.  In  matters  pertaining  to  the  administration  of  justice 
and  in  legal  proceedings,  the  courts,  within  the  bounds  of  their  legal 
efficacy,  are  independent  of  all  influence  of  the  government. 

Art.  35.  The  fisc  and  the  princely  domanial  authorities  are  sub- 
ject to  the  jurisdiction  of  the  ordinary  courts. 

Art.  36.  Beside  the  ordinary  courts,  compromise  and  arbitral 
courts  are  established  for  the  exercise  of  judicial  functions  in  civil 
affairs.  The  appointment  and  selection  of  these,  as  well  as  the 
method  of  procedure,  depend  on  the  wish  of  the  parties. 

Art.  37.  All  courts  must  append  reasons  to  their  decisions  and 
findings. 

Art.  38.  The  Prince  has  the  exclusive  right  over  the  disposition 
[of  the  army,  the  formation  of  the  same,  disciplinary  measures  and 
the  right  to  issue  all  orders  concerning  the  military  service  without 
the  consent  of  the  Diet. 

Legal  provisions  not  referring  to  the  aforementioned  subjects  shall 
hereafter  be  made  only  with  the  consent  of  the  Diet. 

Chapter  IV. — The  Representation  of  the  Country  in  General 
AND  Its  Powers  in  Particular. 

Art.  39.  The  Diet  is  the  legal  organ  of  all  the  subjects  and  as  such 
tt  is  obliged  to  protect  their  rights  in  relation  to  the  government, 
tccording  to  the  provisions  of  the  Constitution;  it  shall  furthermore 


380  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

promote  to  the  utmost  the  general  welfare  of  the  Prince  and  of  the 
land,  with  faithful  devotion  to  the  principles  of  the  Constitution. 
Art.  40.  The  powers  of  the  Diet  shall  extend  especially  over  the 
following  subjects: 

a.  Constitutional  cooperation  in  legislation. 

h.  Granting  of  taxes. 

c.  Cooperation  in  military  conscription. 

d.  The  right  of  petitioning  and  complaining  with  regard  to 
the  State  administration  in  general,  as  well  as  its  separate  branches, 
finally  the  right  to  propose  a  complaint  on  the  subject  of  violation 
of  the  Constitution  and  of  the  laws  on  the  part  of  responsible  State 
officials. 

Art.  41.  The  right  of  initiative  in  legislation,  i.  e.,  the  introduction 
of  bills,  may  be  exercised  by  both  the  Prince  and  the  Diet.  If  a 
bill  is  rejected  by  either  party,  it  can  not  be  introduced  again  in  the 
same  Diet  without  essential  modification. 

Art.  42.  With  respect  to  defects  and  abuses  resulting  from  the  ad- 
ministration or  the  practice  of  law  or  arising  from  representations, 
petitions  and  complaints  submitted  to  the  Diet  by  individuals  or  cor- 
porations, the  Diet  shall  always  have  the  right  to  submit  representa- 
tions and  complaints  directly  to  the  Prince  and  to  request  that  such 
defects  and  abuses  be  remedied.  To  this  category  belong  also  com- 
plaints against  State  officials  because  of  violation  of  the  Constitution, 
alienation  of  public  moneys,  extortion,  bribery  or  gross  neglect  of 
official  duties;  such  complaints  may  be  submitted  by  the  Diet  directly 
to  the  Prince.  In  every  case,  the  remedying  of  the  causes  for  com- 
plaints or  the  result  of  the  examination  shall  be  reported  to  the  Diet 
or  the  committee. 

Art.  43.  Without  the  consent  of  the  Diet  no  direct  or  indirect  tax 
nor  any  other  State  dues  or  general  contribution,  whatever  name  they 
may  bear,  shall  be  imposed  and  raised.  The  consent  of  the  Diet  shall 
be  expressly  mentioned  in  the  proclamation  of  the  tax. 

The  method  of  apportioning  and  distributing  all  public  dues  and 
contributions  among  persons  and  goods,  as  well  as  the  method  of 
raising  said  dues  and  expenditures,  require  the  consent  of  the  Diet. 

Dues  and  contributions  which  are  necessary  to  cover  recognized 
and  approved  outlays  in  the  State  budget  and  such  as  are  required 
for  the  fulfilment  of  general  obligations  of  the  Confederation,  and 
which  are  therefore  sufficiently  justified,  may  not  be  refused. 

Art.  44.  The  granting  of  taxes  usually  takes  place  at  every  ordinary 
session  of  the  Diet. 

Art.  45.  With  regard  to  the  fiscal  administration  of  the  country 
a  budget  covering  all  revenues  and  expenditures  for  the  next  fiscal 
period  shall  be  submitted  to  the  Diet  for  its  examination,  criticism 
and  approval ;  this  budget  is  to  be  as  complete  as  possible,  and  a  pro- 


LIECHTENSTEIN.  381 

posal  with  regard  to  the  taxes  that  must  be  levied  is  to  be  appended 
thereto.  With  regard  to  the  expired  fiscal  period  a  careful  account 
of  the  expenditure  of  the  sums  approved  and  raised  in  accordance 
with  the  budget  is  to  be  submitted  by  the  government,  under  reserva- 
tion of  approval  of  justified  transgressions  and  with  the  right  of 
holding  the  government  responsible  in  those  cases  of  transgression 
which  are  not  justified. 

Art.  46.  The  Diet,  in  conjunction  with  the  Prince,  has  the  right  to 
dispose  of  the  assets  of  the  State  treasury. 

Art.  47.  The  Diet  has  the  right  to  decide  upon  the  flotation  of 
loans  to  the  State  treasury  to  cover  extraordinary  needs ;  without  its 
consent  no  loan  ma}^  be  undertaken  for  the  country. 

Art.  48.  The  salar}^  and  pension  budgets  shall  be  communicated  to 
the  Diet  for  its  approval,  in  so  far  as  the  salaries  and  pensions  are 
paid  wholly  or  partially  out  of  the  State  treasury. 

Claims  for  pensions  on  the  part  of  officials  in  general  shall  be  regu- 
lated by  a  special  law. 

Art.  49.  The  levy  of  troops  is  subject  to  legislation.  The  Diet 
gives  its  consent  to  the  annual  levy  which,  however,  may  not  be  re- 
fused as  far  as  the  provisions  of  the  Confederation  require. 

Art.  50.  All  agreements  with  ecclesiastical  authorities  must  be  sub- 
mitted to  the  Diet  as  far  as  they  are  affected  by  legislation. 

Chapter  V. — Ecclesiastical  Foundations  and  Educational 

Institutions. 

Art.  51.  Church  property  and  the  property  of  foundations  for  re- 
ligious, educational  and  charitable  institutions  are  under  the  protec- 
tion of  the  Constitution. 

Art.  52.  The  administration  of  the  property  of  educational  and 
charitable  institutions  shall  be  regulated  by  proper  legislation. 

Art.  53.  The  property  of  the  Church  and  of  foundations  can  only 
be  disposed  of  in  accordance  with  the  conditions  of  the  charter  of 
foundation,  and,  in  the  absence  thereof,  according  to  their  original 
purposes. 

■  Only  in  cases  where  these  purjjoses  can  no  longer  be  attained  may 
the  property  be  used  for  other  purposes,  and  then  only  with  the  con- 
sent of  those  interested,  and.  in  so  far  as  public  institutions  are  con- 
cerned, only  with  the  consent  of  the  Diet. 

Art.  54.  Provision  shall  be  made  for  the  necessary  educational  in- 
stitutions, especially  the  elementary  schools,  the  non-classical  and  in- 
dustrial high  schools,  also  for  the  education  and  support  of  teachers ; 
the  care  of  these  matters  shall  be  commended  to  the  especial  attention 
of  the  entire  State  representation. 


382  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

Chapter  VI. — The  Election  of  the  Deputies  to  the  Diet. 

Art.  55.  The  Diet  consists  of  15  members.  Three  of  these  are  ap- 
pointed by  the  Prince  from  among  the  inhabitants  of  the  Principality 
who  are  entitled  to  vote ;  of  the  rest  of  the  members  seven  are  elected 
by  electors  from  the  highlands  and  five  by  electors  from  the  low- 
lands.^ 

Art.  56.  The  election  of  the  electors  takes  place  independently  in 
each  commune  in  such  a  way  that  two  electors  represent  every  100 
inhabitants.  In  this  computation  a  total  of  more  than  50  inhabitants 
is  considered  a  complete  unit  of  100. 

Art.  57.  All  subjects  of  Liechtenstein  who  are  of  the  male  sex, 
enjoy  their  full  civil  rights  and  reside  in  the  Principality  ^  are 
actively  and  passively  entitled  to  vote. 

Art.  58.  The  primary  voters .  exercise  their  right  of  suffrage  in 
the  commune  in  which  they  find  themselves  at  the  time  of  the  election. 

The  electors  must  be  chosen  from  their  own  electoral  communes. 

Art.  59.  Every  voter  can  exercise  his  right  of  suffrage  in  person 
only. 

Art.  60.  The  following  are  excluded  from  the  active  and  passive 
right  of  suffrage  and  are  therefore  neither  entitled  to  vote  nor  to 
be  elected : 

a.  Persons  who  have  been  deprived  of  the  free  disposition  of 
their  property  or  enjoy  support  as  paupers. 

5.  Persons  against  whom  bankruptcy  proceedings  have  been 
declared  or  who  have  undertaken  compromise  proceedings  with  their 
creditors,  during  the  proceedings  and  after  the  conclusion  of  the 
same,  in  case  they  have  not  been  declared  innocent. 

c.  Persons  who  have  been  punished  because  of  a  crime  or  an 
offence  or  a  transgression  committed  for  the  sake  of  gain  or  against 
public  decency,  also  persons  who  by  a  decision  of  a  court  have  been 
sentenced  to  a  degradation  of  office.^ 

Art.  61.  If  an  elected  deputy  should  be  appointed  to  a  permanent 
paid  official  position,  or  if  a  change  takes  place  in  the  official  position 
of  an  elected  member  of  the  Diet,  who  is  at  the  same  time  a  spiritual 
or  temporal  official  of  the  State,  a  new  election  must  take  place,  in 
which  case  the  departing  member  may  be  relected  if  his  new  posi- 
tion permits  it. 

Art.  62.  The  proclamation  of  the  Diet  elections  is  in  the  hands  of 
the  government.    In  the  proclamation  the  communes  are  directed  to 

1  Amended  by  the  Law  of  19  February  1878  (Liechtensteinisches  Landes-Geaetzblatt, 
1878,  No.  2). 

2  The  following  clause  was  rescinded  by  the  Law  of  19  February  1878  :  "  who  have 
reached  their  24th  year  and  follow  an  independent  vocation  on  their  own  account." 

3  Amended  by  the  Law  of  19  February  1878  ;  the  loss  of  suffrage  rights  was  formerly 
conditioned  by  menial  service  and  support  as  a  pauper;  in  the  case  laid  down  under 
Section  c  a  person  formerly  lost  his  rights  of  suffrage  also  if  acquittal  was  only  the  result 
of  insufficient  evidence. 


LIECHTENSTEIN.  383 

conduct  the  elections  of  the  electoi-s  on  a  stated  day  according  to 
law. 

Art.  63.  This  notice  must  be  given  at  least  21"  days  before  the  elep- 
tion.  Within  the  first  8  days  following,  the  communal  president 
with  the  cooperation  of  a  commission  of  at  least  4  members,  to  be 
chosen  by  the  commune,  must  draw  up  the  election  list  of  the  primai-y 
voters  and  determine  the  number  of  electors  according  to  Article  56. 
The  commission  appoints  one  of  its  number  secretary.  The  election 
list  is  publicly  posted  14  days  before  the  election  of  the  deputies;  a 
copy  is  at  the  same  time  sent  to  the  government. 

Claims  against  these  election  lists  must  be  made  to  the  president 
of  the  commune  within  48  hours,  and  the  president  immediately  sub- 
mits them  to  the  head  of  the  government.  The  latter  makes  a  pro- 
visional decision,  which  is  to  be  in  force  during  the  elections.  As 
soon  as  the  Diet  has  been  constituted,  it  shall  render  final  decision 
in  the  matter. 

Art.  64.  At  least  six  days  before  the  election  of  the  deputies  the 
election  of  the  electors  takes  place  in  the  communal  building,  after 
the  election  day.  determined  in  conjunction  with  the  government, 
has  been  previously  published  by  the  president  of  the  commune. 
The  notice  in  which  this  is  done  shall  invite  all  voters  to  fulfil  their 
duties  and  shall  call  attention  to  the  consequences  ensuing  in  case  of 
unwarranted  absence  from  the  elections. 

Art.  65.  The  voting  for  the  electors  must  be  carried  on  in  the 
presence  of  a  princely  electoral  commissioner  and  must  be  under 
the  direction  of  the  communal  president  and  the  commission  which 
assisted  in  the  preparation  of  the  election  list. 

The  commune  is  at  liberty  to  assign  to  this  commission  two  addi- 
tional citizens  as  registrars. 

Art.  66.  Votes  are  cast  according  to  the  list  singly  and  for  as 
many  electors  as  must  be  chosen  by  the  commune.  The  members  of 
the  electoral  commission  vote  first.    Vote  by  proxy  is  prohibited. 

Art.  67.  In  these  elections  a  relative  majority  of  votes  decides,  and 
in  case  of  a  tie  the  matter  is  decided  by  lot. 

Art.  68.  The  election  secretary  draws  up  a  careful  protocol  of  the 
election  proceedings,  and  each  separate  vote  is  recorded  therein  with 
reference  to  the  election  list  and  the  duplicate. 

Art.  69.  After  the  election  is  completed,  the  result  is  publicly 
posted  in  the  commune  and  reported  by  the  electoral  commission  to 
the  government. 

Art.  70.  As  soon  as  the  electors  have  been  regularly  appointed  in 
all  communes,  the  head  of  the  government  publishes  the  day,  hour 
and  place  of  the  election  of  the  delegates  to  the  Diet,  which  is  to  take 
place  separately  in  the  highlands  and  lowlands.^ 


1  Amended  by  the  Law  of  19  February  1878. 


384  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  71.  The  electoral  commissions  are  formed  from  the  heads  of 
the  electoral  districts  in  question,  and  the  presidents  of  the  communes 
in  which,  according  -to  the  direction  of  the  government,  the  elections 
are  to  take  place,  preside.  The  election,  too,  is  to  be  attended  by  a 
princely  commissioner.^ 

Art.  72.  The  electors  must  appear  punctually  on  the  appointed 
day  and  at  the  specified  time  at  the  place  where  the  election  is  to  be 
held,  and  they  shall  prove  their  identity  by  presentation  of  their 
voting  card.  The  voting  cards  are  issued  to  the  electors  by  the  com- 
munal electoral  commissions  and  contain  only  the  date  of  the  election, 
the  name  of  the  person  elected  and  the  number  of  votes  cast  for  him. 

Art.  73.  The  president  of  the  electoral  commission  at  the  appointed 
hour,  without  regard  to  the  number  of  electors  present,  opens  the 
proceedings  of  the  election  of  the  deputies  with  an  address  in  which 
he  invites  the  electors  to  cast  their  votes  with  only  the  concern  for 
the  general  good  and  the  welfare  of  the  land  in  mind,  irrespective 
of  all  minor  considerations  and  special  interests.  Hereupon  the  elec- 
tors proceed  to  the  voting,  and  they  are  permitted  to  increase  the 
legally  constituted  electoral  commissions  by  adding  out  of  their  own 
number  from  3  to  5  registrars,  if  they  wish  to  make  use  of  this  right.^ 

Art.  74.  Each  elector  must  designate  as  his  choice  the  number  of 
candidates  for  the  office  of  deputy  allowed  to  his  district.  This  desig- 
nation is  made  in  writing  on  ballots  which  are  deposited  into  the 
urn  which  is  ready  for  the  purpose.  The  ballot  must  contain  the 
names  of  the  deputies  voted  for,  and  they  must  be  written  plainly 
and  definitely,  so  that  there  may  be  no  ambiguity  as  to  the  choice 
of  persons. 

In  case  of  a  tie  between  two  candidates  the  matter  is  decided  by 
lot.  The  lots  are  always  drawn  in  the  presence  of  all  the  electors, 
and  if  the  interested  parties  are  not  present  in  person,  the  two  oldest 
electors  are  appointed  representatives  for  the  drawing.  If  an  elec- 
tion can  not  be  completed  on  the  same  day,  it  is  continued  on  the  next. 

After  the  completion  of  the  election  of  the  deputies  the  substitutes 
are  elected  in  the  same  way.  There  are  to  be  3  substitutes  for  the 
highlands  and  2  for  the  lowlands.^ 

Art.  75.  The  secretary  of  the  commune  in  which  the  election  takes 
place,  chosen  for  this  purpose,  shall  draw  up  a  careful  protocol  of 
the  election  proceedings,  and  the  votes  shall  be  entered  upon  it  as 
well  as  upon  the  voting  list  and  the  duplicate  list. 

Art.  76.  If  in  the  voting  there  should  be  doubt  as  to  the  identity 
of  an  elected  person,  the  electoral  commission  renders  a  provisional 
decision  in  the  matter. 

1  Amended  by  the  Law  of  19  February  1878. 


LIECHTENSTEIN.  385 

The  same  procedure  is  followed,  if,  before  the  beginning  of  the 
voting,  objection  is  made  against  an  elector  who  has  appeared  with 
his  voting  card.  Final  decision  in  the  matter  is  rendered  by  the  Diet, 
which  shall  take  up  the  question  immediately  after  it  has  been  con- 
stituted. 

Art.  77.  When  the  voting  is  completed,  the  results  thereof  are 
published  by  the  president  of  the  commission,  in  accordance  with  the 
number  of  votes  of  the  assembled  electors. 

Art.  78.  Absolute  majority  is  required  for  the  validity  of  the  elec- 
tion of  deputies  to  the  Diet.  In  case  of  a  tie  the  matter  is  decided 
by  lot. 

Art.  79.  If  an  absolute  majority  has  not  been  attained  in  the  first 
ballot,  a  second  election  must  be  held,  which  is,  of  course,  restricted 
to  the  number  of  delegates  who  have  not  attained  an  absolute  ma- 
jority in  the  preceding  ballot. 

Otherwise  the  second  ballot  is  conducted  in  precisely  the  same 
way  as  the  first;  the  election  is  not  limited  by  any  other  restriction 
and  is  conditioned  only  by  the  number  of  candidates  as  a  result  of 
the  first  election. 

Art.  80.  If  the  election  is  not  completed  by  the  second  ballot,  a 
relative  majority  will  decide  in  the  third  ballot,  and  only  the  names 
of  those  candidates  mentioned  in  the  second  ballot  may  be  voted  on. 

Art.  81.  In  case  of  a  tie  between  two  candidates  the  matter  is  de- 
cided by  lot.  The  drawing  of  the  lot  always  takes  place  in  the  pres- 
ence of  all  electors,  and  if  the  participants  are  not  present  in  person, 
the  two  oldest  electors  are  appointed  representatives  for  the  drawing. 
If  an  election  can  not  be  completed  on  the  same  day,  it  is  continued 
on  the  next. 

After  the  completion  of  the  election  of  the  deputies,  the  5  substi- 
tutes are  elected  in  the  same  way. 

Art.  82.  A  person  elected  to  the  office  of  deputy  may  decline  the 
position,  but  must  within  ten  days  after  being  informed  of  his  elec- 
tion declare  his  intention  to  the  head  of  the  government.  If  no  such 
declaration  is  made,  the  election  is  accepted.  A  person  who  has  ac- 
cepted an  election  may  be  dismissed  from  the  Diet  only  for  valid 
reasons. 

Art.  83.  A  State  official  who  has  been  elected  to  the  Diet  must 
secure  the  permission  of  the  government.  Such  permission  will,  how- 
ever, be  granted  in  every  case,  except  for  very  important  reasons.  In 
case  such  permission  is  refused,  the  substitute  enters  the  Diet. 

Art.  84.  If  father  and  son  should  be  elected  deputy  at  the  same 
time,  the  son  shall  be  excluded  unless  the  father  voluntarily  agrees 
to  resign. 


386  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  85.  Vacancies  so  caused  will  be  filled  by  summoning  the  sub- 
stitutes. ' 

Art.  86.  After  the  completion  of  the  entire  electoral  proceedings 
the  election  protocol  with  all  its  annexes  is  submitted  to  the  head 
of  the  government,  and  those  who  have  been  elected  receive  for  their 
legitimation  an  election  document  containing  the  signatures  of  all 
persons  who  participated  in  the  conduct  and  authentication  of  the 
elections.  They  shall  submit  a  receipt  for  this  document  within  the 
period  stipulated  in  Article  82. 

Art.  87.  All  primary  voters  shall  take  part  in  the  election  of  elec- 
tors. Those  who  without  good  reason  absent  themselves  from  the 
election,  are  liable  to  a  fine  of  1  gulden,  which  accrues  to  the  poor- 
house  fund.  The  electoral  commission  decides  on  the  validity  of 
excuses  for  absence.  The  validity  of  the  elections  of  deputies  and 
substitutes  is  not  conditioned  by  the  appearance  of  any  fixed  number 
of  electors.^ 

Art.  88.  If  the  prescribed  forms  were  not  observed  in  the  course  of 
the  election,  or  if  the  requisite  legal  qualities  are  not  found  in  the 
persons  elected,  or  if  illegal  influences  and  punishable  activities  made 
themselves  felt,  the  election  is  null  and  void. 

If  one  or  more  unqualified  persons  participated  in  the  voting,  the 
elections  are  nevertheless  considered  valid  if  the  difference  in  the 
number  of  votes  resulting  thereby  has  no  effect  on  the  majority  of 
votes  attained  by  the  person  elected.  If  the  latter  is  not  the  case, 
the  election  is  void.  The  Diet,  which  is  to  be  informed  of  the  validity 
or  invalidity  of  the  elections,  orders  an  investigation,  if  necessary,  in  j 
case  illegal  practices  have  been  discovered,  at  the  proposal  of  the  gov- 
ernment. Such  investigations  are  conducted  through  the  regular  j 
legal  channels. 

The  government  shall  decree  new  elections  immediately,  if  an  elec- 
tion has  been  manifestly  conducted  in  such  a  way  as  to  make  i1 
invalidity  clear. 

Chapter  VII. — The  Diet. 

Art.  89.  The  Assembly  of  Deputies,  summoned  in  a  regular,  legs 
way,  forms  the  constitutional  organ  of  the  Diet. 

Art.  90.  The  Prince  alone  has  the  right  to  call  ordinary  and  extras 
ordinary  sessions  of  the  Diet,  to  close  them,  and  to  prorogue  or  dis^ 


1  As  amended  by  the  Law   of  19   February   1878.      This   article   formerly   read  : 
primary  voters  shall  take  part  in  the  election  of  electors.     At  least  two  thirds  of  tl 
persons  entitled  to  the  suffrage  must  cast  their  vote  in  the  election  of  deputies  to  th^ 
Diet.     If  the  election  can  not  be  held  because  of  the  lack  of  this  number  of  elector 
those  electors  who  did  not  appear  must  defray  the  expenses  of  the  proposed  electioi 
among   theraselvef!   or   with    mutual    responsibility.      Only   those   shall    be   excepted 
were  prevented  by  force  majeure  from  being  present  at  the  electoral  proceedings,     Th(i 
decision  of  the  electoral  commission  in  this  matter  is  final." 


LIECHTENSTEIN.  387 

solve  the  Diet  for  three  months  for  important  reasons  which  must  in 
every  case  be  communicated  to  the  Assembly. 

Art.  91.  The  Prince  will  convene  the  Diet  as  often  as  he  considers 
it  necessary  for  the  transaction  of  important  and  urgent  matters  per- 
taining to  the  country. 

Art.  92.  Ordinarily  the  Diet  must  be  summoned  once  a  year,  at 
the  latest  between  16  and  31  October.^ 

Art.  93.  After  the  dissolution  of  the  Diet  a  new  election  must  be 
ordered  within  four  months,  and  the  newly  elected  members  of  the 
Diet  must  be  summoned. 

Within  the  same  period  a  prorogued  Diet,  too,  must  be  convened 
again. 

Art.  94.  An  extraordinary  Diet  must  be  summoned  after  every 
change  in  the  government ;  it  must  be  called  within  30  days  after  the 
said  change  in  government  has  taken  place. .  If  the  Diet  has  pre- 
viously been  dissolved,  the  elections  are  to  be  hastened  so  that  the 
new  Diet  may  convene  at  the  latest  60  days  after  the  change  in 
government  has  been  effected. 

Art.  95.  The  regular  sequence  of  ordinary  sessions  of  the  Diet 
can  not  be  broken  because  of  an  extraordinary  session. 

Art.  96.  All  the  rights  accruing  to  the  Diet  can  only  be  exercised 
in  the  legally  constituted  Assembly. 

Art.  97.  Upon  convening,  the  Diet,  under  the  presidency  of  its 
senior  presiding  member,  elects  a  president  and  a  vice-president  for 
the  transaction  of  business.  Both  elections  require  subsequent  con- 
firmation by  the  Prince. 

Art.  98.  The  deputies  and  substitutes  are  elected  for  a  period  of 
4:  years.^ 

Art.  99.  The  departing  members  of  the  Diet  may  be  reconfirmed 
in  so  far  as  they  were  named  by  the  Prince,  or  they  may  be  reelected 
in  so  far  as  they  received  their  membership  by  election. 

Art.  100.  If  a  member  of  the  Diet  named  by  the  Prince  should 
die,  lose  his  personal  qualifications  or  be  permanently  prevented 
from  attending  the  sessions,  a  new  member  of  the  Diet  is  named  by 
the  Prince. 

Art.  101.  The  deputies  shall  as  a  rule  not  be  elected  prior  to  6 
^weeks  before  the  convening  of  the  Assembly.  The  Diet  is  convened 
by  a  princely  decree  in  which  the  day  and  the  hour  of  the  meeting 
of  the  Diet  shall  be  specified. 

1  Amended  by  the  Law  of  11  October  1901.  ForiiuTly  Article  92  read:  *' Ordinarily 
the  Diet  must  be  summonod  once  a  year,  namely  between  15  and  31  May." 

'As  amended  by  the  Law  of  19  February  1878.     Formerly  Article  98  read: 

"  The  deputies  are  appointed  and  elected  for  a  period  of  6  years.  Half  of  those  elected 
must  always  depart  after  3  years  and  shall  be  replaced  by  newly  elected  members. 

"  In  the  first  assembly  those  who  are  to  depart  are  chosen  by  lot,  thereafter  by  se- 
I  qoence." 


388  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Art.  102.  After  having  been  summoned  the  deputies  shall  appear 
personally  at  the  seat  of  the  government,  where  their  meeting  takes 
j)lace.  Vote  by  proxy  is  not  permitted.  In  case  of  legal  hindrance 
the  deputy  in  question  shall  notify  the  government  thereof,  if  pos- 
sible before  the  opening  of  the  Diet.  If  the  hindrance  is  permanent, 
a  substitute  must  be  summoned. 

Art.  103.  The  Diet  is  opened  by  the  Prince  in  person  or  by  a 
plenipotentiary  with  j&tting  ceremony,  on  which  occasion  all  newly 
entering  members  swear  the  following  oath : 

I  swear  that  I  will  obey  the  Constitution  and  the  existing  laws  and  observe 
the  welfare  of  the  country  without  private  considerations,  according  to  my 
own  convictions.     So  help  me  God ! 

Members  who  enter  after  the  opening  of  the  session  have  this  oath 
administered  to  them  by  the  president  of  the  Diet. 

Art.  104.  Decisions  made  by  the  Diet  are  to  be  executed  as  soon 
as  possible  and  are  to  be  published  by  the  government  at  the  latest 
at  the  time  of  the  meeting  of  the  Diet  Committee  in  the  month  of 
August. 

The  laws  shall  be  published  with  the  notice  that  they  have  been 
examined  by  the  government  and  approved  by  the  Diet. 

Art.  105.  The  Diet  is  closed  by  the  Prince  in  person  or  by  a 
princely  commissioner. 

Art.  106.  At  the  time  of  the  dissolution  of  every  Diet  and  at  the 
time  of  the  adjourning  of  an  ordinary  Diet,  a  Committee  must  be 
elected,  for  which  the  former  members  are  again  eligible,  as  far  as 
they  retain  their  seats  in  the  Diet.  In  order  to  complete  this  elec- 
tion the  Assembly  must  always  be  permitted  to  meet,  even  imme- 
diately after  its  dissolution.  If  extraordinary  conditions  should 
make  it  impossible  to  hold  such  meetings,  the  former  members  [of 
the  Committee]  or  their  representatives  must  continue  the  business 
of  the  Committee. 

Art.  107.  No  member  of  the  Diet  may  be  arrested  in  the  course  of 
a  session  without  the  consent  of  the  Diet,  unless  he  be  caught  in 
flagrante  delicto. 

In  the  latter  case  the  Diet  shall  immediately  be  informed  of  the 
reasons  for  the  arrest  which  has  occurred. 

Art.  108.  If  a  member  of  the  Diet  should  be  arrested  during  the 
last  6  weeks  before  the  opening  of  the  Diet,  the  Committee  shall 
immediately  be  informed  of  the  reasons  for  the  arrest. 

Art.  109.  During  a  session  of  the  Diet  the  deputies  receive  from 
the  public  treasury  a  suitable  per  diem  allowance. 

Chapter  VIII. — The  Diet  Committee. 

Art.  110.  As  long  as  the  Diet  is  not  in  session,  there  will  be  a 
Committee  to  take  its  place  and  to  transact  all  business  which  re- 
quires the  cooperation  of  the  popular  representation. 


LIECHTEKSTEIN.  389 

Art.  111.  The  Diet  Committee  consists  of  the  president  and  of  2 
other  members  of  the  Diet,  one  from  the  highlands  and  one  from  the 
lowlands.  In  case  the  president  is  prevented,  the  vice-president  takes 
his  place,  and  in  case  the  2  Committee  members  are  prevented,  they 
are  represented  by  substitutes.^ 

Art.  112.  The  members  of  the  Committee  and  their  substitutes  are 
elected  by  all  the  deputies  from  their  own  number.^ 

Art.  113.  The  Commiteee  has  the  right  and  the  duty: 

a.  To  see  that  the  Constitution  is  preserved,  that  the  decisions 
of  the  Diet  are  executed  and  that  the  Diet  is  again  called  in  due  time 
after  it  has  been  dissolved  or  adjourned. 

h.  To  examine  the  public  treasury  reports  and  to  submit  direc- 
tions thereon  to  the  Diet  subject  to  the  decision  of  the  latter. 

c.  To  sign  bonds  and  mortgages  which  are  to  be  drawn  up  to  the 
treasury,  with  reference  to  a  previous  decision  of  the  Diet. 

d.  To  take  charge  of  special  commissions  entrusted  to  it  by  the 
Diet,  with  reference  to  preparations  for  future  transactions  of  the 
Diet. 

e.  To  report  to  the  Prince  in  cases  of  urgency  and  to  submit 
remonstrances,  protests  and  complaints  in  case  constitutional  rights 
are  jeopardized  and  violated. 

/.  In  accordance  with  the  exigencies  of  the  case,  to  propose  the 
convening  of  an  extraordinary  Diet,  which  proposal  will  not  be 
refused  if  the  exigency  is  proved.^ 

Art.  114.  The  Committee  can  not  enter  into  any  permanent  obli- 
gation for  the  country  and  is. responsible  to  the  Diet  for  its  conduct 
of  business. 

Art.  115.  The  Committee  must  meet  annually  in  August  at  the 
seat  of  the  government  in  order  to  attend  to  its  business. 

Art.  116.  The  Committee  must  be  present  in  toto  to  make  its  de- 
cisions valid. 

Art.  117.  The  duties  of  the  Committee  cease  with  the  opening  of 
the  next  Diet  and  are  continued  after  an  adjournment  of  the  latter 
or  after  the  close  of  an  extraordinary  session. 

Art.  118.  During  their  sessions  the  members  of  the  Committee 
draw  the  same  per  diem  allowance  as  is  determined  for  the  deputies 
to  the  Diet. 

Chapter  IX. — Guarantee  of  the  Constitution. 

Art.  119.  After  its  proclamation  the  present  Constitution  becomes 
binding  as  constitutional  law  for  all  subjects  of  the  country. 

1  Amended  by  the  Law  of  19  February  1878. 

•  Supplemented  by  the  Law  of  29  December  1895  concerning  additional  provisions  on 
the  prerogatives  of  the  Diet  Committee  :  •'  As  long  as  the  Diet  la  not  assembled,  peti- 
rtlons  may,  in  urgent  and  important  cases  and  on  condition  that  the  legal  prorogatlves 
of  the  princely  authorities  are  not  violated,  be  submitted  to  the  Diet  Committee.  The 
richt  of  Initiative  belonging  to  the  Diet  Committee  is  not  affected  by  the  aforementioned 
1  provisions." 


390  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  120.  All  laws,  decrees  and  ordinances  which  are  at  variance 
with  the  content  of  this  Constitution  are  hereby  repealed. 

Art.  121.  Without  the  consent  of  the  government  and  the  Diet  no 
changes  may  be  made  in  this  Constitution. 

Proposals  for  amendments  or  interpretations  of  this  Constitution, 
which  may  be  made  by  the  government  as  well  as  by  the  Diet,  require 
on  the  part  of  the  latter  a  unanimous  vote  of  the  members  present  in 
the  Diet  or  a  majority  vote  of  three  fourths  of  the  members  in  two 
consecutive  ordinary  sessions  of  the  Diet.  Proposals  made  by  the 
government  are  to  be  acted  upon  in  the  same  way. 

Art.  122.  If  there  should  be  doubt  as  to  the  interpretation  of 
separate  provisions  of  the  Constitution  which  can  not  be  removed  by 
an  agreement  between  the  government  and  the  Diet,  the  decision  shall 
be  left  to  the  Arbitral  Court  of  the  Confederation. 

Art.  123.  Every  successor  to  the  throne  will,  before  he  receives 
hereditary  homage,  pronounce  in  a  written  document,  in  which  ref- 
erence is  made  to  his  princely  honors  and  dignity,  that  he  will  rule 
the  Principality  of  Liechtenstein  in  accordance  with  the  Constitution 
and  the  laws,  that  he  will  maintain  its  integrity  and  observe  the 
princely  rights  inseparably  and  unchangeably. 

Art.  124.  All  State  officers  and  appointed  officials,  as  well  as  all 
local  presidents,  shall  now  and  hereafter  swear  the  following  oath 
upon  entering  office : 

I  swear  fidelity  to  the  Prince,  obedience  to  the  laws  and  observance  of  the 
Constitution. 

All  of  them,  without  exception,  are  responsible  for  the  exact  ob- 
servance of  the  Constitution  in  their  sphere  of  activity.^ 

1  Here  follow  the  attestation  and  signature  of  John  II. 


LUXEMBURG. 

By  Article  67  of  the  Act  of  the  Congress  of  Vienna  of  9  June  1815,^ 
the  Grand  Duchy  of  Luxemburg  was  assigned  to  the  crown  of  the 
Netherlands.  After  the  Treaty  of  London  of  19  April  1839,2  the  King 
of  Holland  took  the  title  of  King  Grand-Duke  and  gave  Luxemburg 
a  separate  Constitution  on  12  October  1841.^  The  draft  of  a  new 
Constitution  in  127  articles  was  adopted  on  23  June  1848  and  sanc- 
tioned on  9  July  following.  But  a  reaction  was  not  long  in  setting 
in.  In  1856  William  III  proposed  a  revision  of  the  Constitution  to 
the  Chamber,  but  the  latter  refused  to  approve  the  King's  project. 
Whereupon  he  issued  a  decree  pronouncing  its  dissolution  and  pro- 
mulgating at  the  same  time  the  revised  Constitution  (27  November 
1856).*  The  German  Confederation  gave  its  approval  to  this  cmop 
d'etat  (29  January  1857).  Following  the  dissolution  of  the  Gennan 
Confederation  (1866),  the  Treaty  of  London  of  11  May  1867  estab- 
lished the  neutrality  of  the  Grand  Duchy,  which  remained  outside 
of  the  new  North  German  Confederation.  A  new  Constitution  was 
promulgated  on  17  October  1868  and  this  is  the  one  in  force  today. 
The  death  of  the  King  Grand-Duke  William  III  on  23  November 
1890  resulted  in  the  separation  of  the  crowns  of  Luxemburg  and  the 
Netherlands  on  account  of  the  difference  in  the  laws  of  succession,* 
and  the  crown  of  Luxemburg  passed  to  Adolphus,  Duke  of  Nassau. 
The  Nassau  Family  Pact  bears  the  date  of  30  June  1783.  A  Family 
Statute  {F amilienstatut)  ^  the  official  text  of  which  is  in  German,  was 
promulgated  on  16  April  1907,  and  a  law  of  10  July  1907  gave  it 
the  force  of  a  law.® 

1  French  text  in  the  British  and  Foreign  State  Papers,  2 :  p.  87. 

« French  text  In   the  British  and  Foreign  State  Papers,  27 :  pp.   990-1003.   and   37 : 
pp.  1320-1330. 

»  French  text  in  the  British  and  Foreign  State  Papers,  44  :  pp.  869-875. 

*  French  text  in  the  British  and  Foreign  State  Papers,  46  :  pp.  1249-1262. 
•William's  daughter  succeeded  to  the  throne  of  Holland,  but  the  Salic  Law  governed 

succession  in  Luxemburg.  This  law,  however,  is  subordinate  to  the  Nassau  Family  Pact, 
which  provides  for  the  succession  in  the  case  of  complete  extinction  of  males.  Hence 
Marie  Adelaide  succeeded  her  father,  William,  the  son  and  successor  of  Adolphus. 

•  This  introductory  paragraph  is  based  on  F.  R.  Daue.ste  et  P.  Dareste,  Les  Constitu- 
tions modemes  (3d  edition,  Paris,  1910),  vol.  i,  pp.  150-151. 

891 


392  CONSTITUTIONS   OF   THE  STATES  AT  WAR. 

CONSTITUTION  OF  17  OCTOBER  1868^ 

Chapter  I. — The  Territory  and  the  Grand  Duke.^ 

Article  1.  The  Grand  Duchy  of  Luxemburg  forms  an  independ- 
ent, indivisible  and  inalienable  and  perpetually  neutral  State.^ 

Art.  2.  The  limits  and  chief -towns  of  the  judicial  or  administra- 
tive arrondissements,  of  the  cantons  and  of  the  communes  may  be 
changed  only  by  virtue  of  a  law. 

Art.  3.  The  crown  of  the  Grand  Duchy  is  hereditary  in  the  family 
of  Nassau,  conformably  to  the  Pact  of  30  June  1783,  to  Article  71  of 
the  Treaty  of  Vienna  of  9  June  1815  *  and  to  Article  1  of  the  Treaty 
of  London  of  11  May  1867.^ 

Art.  4.  The  person  of  the  Grand  Duke  is  sacred  and  inviolable. 

Art.  5.  The  Grand  Duke  of  Luxemburg  reaches  his  majority  at 
the  age  of  18  years.  When  he  assumes  the  reins  of  government,  he 
takes,  as  soon  as  possible,  in  the  presence  of  the  Chamber  of  Deputies 
or  of  a  deputation  appointed  by  it,  the  following  oath : 

I  swear  to  observe  the  Constitution  and  tlie  laws  of  tlie  Grand  Diicliy  of 
Luxemburg,  to  maintain  the  national  independence  and  the  integrity  of  the 
territory,  as  well  as  public  and  individual  liberty,  as  also  the  rights  of  all  and 
of  each  of  my  subjects,  and  to  employ  for  the  preservation  and  the  increase  of 
the  general  and  individual  prosperity,  as  a  good  sovereign  ought,  all  the  means 
which  the  laws  place  at  my  disposal.    So  help  me  God  ! 

Art.  6.  If,  at  the  death  of  the  Grand-Duke,  his  successor  is  a  minor, 
the  regency  is  exercised  conformabl}'  to  the  Family  Pact. 

Art.  7.  If  the  Grand  Duke  finds  it  impossible  to  reign,  he  is  pro- 
vided with  a  regency  as  in  the  case  of  minority. 

In  case  of  vacancy  of  the  throne,  the  Chamber  provides  provision- 
ally for  the  regency. 

A  new  Chamber,  convoked  in  double  number  within  the  period  of 
30  days,  provides  definitively  for  the  vacancy. 

1  Translated  by  Otis  G.  Stanton  from  the  French  text  in  the  British  and  Foreign 
State  Papers,  58  :  pp.  249-261.  French  text  also  in  Dareste,  op.  cit.,  pp.  151-168,  and 
Paul  Posener^  Die  Staatsverfassungen  des  Erdhalls  (Charlottenburg,  1909),  pp.  674-684. 

2  To  make  the  text  agree  with  actual  conditions,  the  words  "  King  Grand-Duke  "  found 
in  the  original  text  are  everywhere  replaced  by  "  Grand  Duke." 

s  Treaty  of  London  of  11  May  1867,  approved  by  the  Law  of  21  June  1867. 

*  Article  71  of  the  Treaty  of  Vienna  of  9  June  1815  (French  text  in  the  British  and 
Foreign  State  Papers,  2  :  p.  39)  reads  as  follows:  "The  right  and  order  of  succession 
established  between  the  two  branches  of  the  House  of  Nassau  by  the  Act  of  1783 
[German  text  in  Martens,  Recueil  de  Trait6s,  1st  edition,  vol.  ii,  pp.  405-422],  called 
the  Nassauischer  Erhverein,  is  maintained  and  transferred  from  the  four  principalities 
of  Orange-Nassau  to  the  Grand  Duchy  of  Luxemburg." 

5  Article  1  of  the  Treaty  of  London  of  11  May  1867  (French  text  in  the  British  and 
Foreign  State  Papers,  57  :  p.  34)  reads  in  part  as  follows  :  "  His  Majesty  the  King  of  the 
Netherlands,  Grand  Duke  of  Luxemburg,  maintains  the  bonds  which  attach  the  said 
Duchy  to  the  House  of  Orange-Nassau,  by  virtue  of  the  treaties  which  have  placed  this 
State  under  the  sovereignty  of  His  Majesty  the  King  Grand-Duke,  his  descendants 
ana  successors." 


I 


LUXEMBURG.  393 

Art.  8.  At  his  entrance  upon  his  functions,  the  Regent  takes  the 
following  oath : 

I  swear  fidelity  to  the  Grand  Duke;  I  swear  to  observe  the  C'<Mi<iini!  ion  .iikI 
the  laws  of  the  country.    So  help  me  God ! 

Chapter  II. — The  Luxemburgers  and  Their  Eights. 

Art.  9.  The  quality  of  Luxemburger  is  acquired,  preserved  and 
lost  according  to  the  rules  determined  by  the  civil  law. 

The  present  Constitution  and  the  other  laws  relative  to  political 
rights  determine  what  are,  beyond  this  quality,  the  conditions  neces- 
sary for  the  exercise  of  these  rights. 

Art.  10.  Naturalization  is  granted  by  the  legislative  power. 

Xaturalization  assimilates  the  foreigner  to  the  Luxemburger,  for 
the  exercise  of  political  rights. 

Xaturalization  granted  to  the  father  is  available  to  his  minor  child, 
if  the  latter  declares,  within  two  years  of  his  majority,  intention  to 
claim  this  privilege.^ 

Art.  11.  There  is  in  the  State  no  distinction  of  orders. 

The  Luxemburgers  are  equal  before  the  law;  they  alone  are  ad- 
missible to  civil  and  military  employments,  save  exceptions  which 
may  be  established  by  a  law  for  particular  cases. 

Art.  12.  Individual  liberty  is  guaranteed. 

Xo  one  shall  be  prosecuted  except  in  the  cases  provided  by  the 
law  and  in  the  form  which  it  prescribes. 

Outside  of  the  case  of  flagrante  delicto^  no  one  shall  be  arrested 
except  by  virtue  of  a  judge's  warrant  with  the  reasons  stated  therein, 
which  must  be  served  at  the  moment  of  the  arrest  or,  at  the  latest, 
within  24  hours. 

Art.  13.  No  one  shall  be  deprived,  against  his  will,  of  the  judge 
whom  the  law  assigns  to  him. 

Art.  14.  X^o  penalty  shall  be  established  or  applied  except  by  vir- 
tue of  the  law. 

Art.  15.  The  domicile  is  inviolable.  No  domiciliary  visit  shall 
take  place  except  in  the  cases  provided  for  by  the  law  and  in  the 
form  which  it  prescribes. 

Art.  16.  X^o  one  shall  be  deprived  of  his  property,  except  by 
reason  of  public  utility,  in  the  cases  and  in  the  manner  established  by 
the  law  and  in  c/)nsi deration  of  a  just  and  prior  indemnity.- 

Art.  17.  The  penalty  of  confiscation  of  property  shall  not  be  es- 
tablished. 

Art.  18.  The  penalty  of  death  in  political  matters,  civil  death 
land  branding  are  abolished. 

iTwo  laws   (12  November  1848  and  27  January  1878)   govern  naturalization  matters. 
"Laws  of  17  December  1859  and  4  March  1896  on  expropriation  by  reason  of  public 
itUlty. 

88381—19 26 


394  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  19.  Liberty  of  religion,  that  of  its  public  exercise,  as  well  as 
the  liberty  to  express  one's  religious  opinions,  are  guaranteed,  except 
for  the  repression  of  offenses  committed  on  the  occasion  of  the  use 
of  these  liberties. 

Art.  20.  No  one  shall  be  compelled  to  concur,  in  any  manner 
whatever,  in  acts  and  ceremonies  of  a  religion  nor  observe  the  rest 
days  thereof. 

Art.  21.  Civil  marriage  must  always  precede  the  nuptial  bene- 
diction. 

Art.  22.  The  intervention  of  the  State  in  the  nomination  and  in- 
stallation of  the  heads  of  religions,  the  mode  of  nomination  and 
of  revocation  of  the  other  ministers  of  religions,  the  faculty  for  both 
to  correspond  with  their  superiors  and  to  publish  their  acts,  as  well 
as  the  relations  of  the  Church  with  the  State,  constitute  the  object  of 
conventions  to  be  submitted  to  the  Chamber  of  Deputies  for  the  pro- 
visions which  necessitate  its  intervention. 

Art.  23.  The  State  takes  care  that  every  Luxemburger  receives  pri- 
mary instruction. 

It  creates  establishments  of  intermediate  instruction  and  the  neces- 
sary courses  of  higher  education. 

The  law  determines  the  means  of  providing  for  public  instruction, 
as  well  as  the  conditions  of  supervision  by  the  government  and  the 
communes ;  it  regulates,  besides,  everything  relating  to  education.^ 

Every  Luxemburger  is  free  to  make  his  studies  in  the  Grand  Duchy 
or  abroad  and  to  attend  the  universities  of  his  choice,  under  the  pro- 
visions of  the  law  on  the  conditions  of  admission  to  the  employments 
or  the  exercise  of  certain  professions. 

Art.  24.  Liberty  to  manifest  one's  opinions  by  word  in  all  matters 
and  the  liberty  of  the  press  are  guaranteed,  except  for  the  repression 
of  offenses  committed  on  the  occasion  of  the  exercise  of  these  lib- 
erties.^ 

Censorship  shall  never  be  established. 

No  caution-money  shall  be  exacted  from  writers,  publishers  or 
printers. 

Stamp-duties  on  native  newspapers  and  periodical  writings  are 
abolished. 

The  publisher,  printer  or  distributor  shall  not  be  sued,  if  the 
author  is  known,  if  he  is  a  Luxemburger  and  domiciled  in  the  Grand 
Duchy. 

Art.  25.  Luxemburgers  have  the  right  to  assemble  peaceably  and 
without  arms,  if  they  conform  to  the  laws  which  regulate  the  exercise 
of  this  right,  without  the  power  to  submit  it  to  a  prior  authorization. 

iLaw  of  20  April  1881  concerning  compulsory  education.     Laws  of  20  April  1881  and 
6  June  1898  on  primary  education.     Law  of  23  April  1878  on  secondary  education. 
2  Law  of  20  July  1869  ^n  the  press,  and  the  Penal  Code. 


LUXEMBURG.  395 

This  provision  does  not  apply  to  assemblies  in  the  open  air,  politi- 
cal, religious  or  otherwise;  these  assemblies  remain  entirely  subject  to 
the  laws  and  police  regulations. 

Art.  26.  Luxemburgers  have  the  right  to  form  associations.  This 
right  shall  not  be  subjected  to  any  prior  authorization. 

The  establishment  of  every  religious  corporation  must  be  author- 
ized by  a  law.^ 

Art.  27.  Every  one  has  the  right  to  address,  to  the  public  authori- 
ties, petitions  signed  by  one  or  several  persons. 

The  constituted  authorities  alone  have  the  right  to  address  peti- 
tions in  the  collective  name. 

Art.  28.  The  secrecy  of  letters  is  inviolable. 

The  law  determines  who  are  the  agents  responsible  for  the  viola- 
tion of  the  secrecy  of  letters  confided  to  the  post. 

The  law  shall  regulate  the  guarantee  to  be  given  for  the  secrecy 
of  telegrams. 

Art.  29.  The  use  of  the  German  and  French  languages  is  optional. 
Their  use  shall  not  be  limited. 

Art.  30.  No  prior  authorization  is  required  to  enter  suits  against 
public  functionaries  for  acts  of  their  administration,  except  what  is 
decreed  with  regard  to  members  of  the  government. 

Art.  31.  Public  functionaries,  to  whatever  order  they  belong,  the 
members  of  the  government  excepted,  shall  not  be  deprived  of  their 
functions,  honors  and  pensions,  except  in  the  manner  determined  by 
the  law. 

Chapter  III. — The  Sovereign  Power. 

Art.  32.  The  Grand  Duke  exercises  the  sovereign  power  con- 
formably to  the  present  Constitution  and  to  the  laws  of  the  country. 

SECTION   1. the  prerogative   OF  THE  GRAND  DUKE. 

Art.  33.  The  Grand  Duke  exercises  alone  the  executive  power. 

Art.  34.  The  Grand  Duke  sanctions  and  promulgates  the  laws. 
He  makes  known  his  decision  within  6  months  from  the  vote  of  the 
Chamber. 

Art.  35.  The  Grand  Duke  appoints  to  the  civil  and  military 
offices,  conformably  to  the  law,  and  saving  exceptions  established 
by  it. 

No  function  salaried  by  the  State  shall  be  created  except  by  virtue 
of  a  legislative  provision. 

Art.  36.  The  Grand  Duke  makes  the  regulations  and  decrees  nec- 
essary for  the  execution  of  the  laws,  without  the  power  ever  to  sus- 
pend the  laws  themselves  or  to  dispense  with  their  execution. 

*  In  practice,  religious  corporations  may  be  freely  established  In  the  Grand  Ehichy ;  the 
dntervention  of  the  legislature  is  required  only  If  they  desire  to  acauire  civil  personality. 


396  CONSTITUTIONS   OF   THE   STATES  AT  WAE. 

Art.  37.  The  Grand  Duke  commands  the  armed  force,  declares 
war  and  makes  treaties.  He  informs  the  Chamber  thereof,  as  soon 
as  the  interest  and  safety  of  the  State  permit  it,  adding  suitable  com- 
munications. 

Treaties  of  commerce  and  those  which  can  burden  the  State  or 
bind  the  Luxemburgers  individually,  and,  in  general,  all  those  bear- 
ing on  a  matter  which  can  only  be  regulated  by  a  law,  have  effect 
only  after  having  received  the  assent  of  the  Chamber.  No  cession, 
no  exchange,  no  addition  of  territory  shall  take  place  except  by 
virtue  of  a  law. 

In  no  case  shall  the  secret  articles  of  a  treaty  be  destructive  of 
the  patent  articles. 

Art.  38.  The  Grand  Duke  has  the  right  to  remit  or  to  reduce  the 
penalties  pronounced  by  the  judges,  except  what  is  decreed  relative 
to  the  members  of  the  government. 

Art.  39.  The  Grand  Duke  has  the  right  to  coin  money,  in  execu- 
tion of  the  law. 

Art.  40.  The  Grand  Duke  has  the  right  to  confer  titles  of  nobility, 
without  the  power  ever  to  attach  thereto  any  privilege. 

Art.  41.  The  Grand  Duke  confers  military  and  civil  orders,  ob- 
serving in  this  respect  what  the  law  prescribes. 

Art.  42.  The  Grand  Duke  may  cause  himself  to  be  represented  by 
a  prince  of  the  blood,  who  shall  have  the  title  of  lieutenant  of  the 
Grand  Duke  and  shall  reside  in  the  Grand  Duchy. 

This  representative  shall  take  oath  to  observe  the  Constitution 
before  exercising  his  powers. 

Art.  43.  The  civil  list  is  fixed  at  200,000  francs  per  annum.  It 
may  be  changed  by  law  at  the  commencement  of  each  reign.^ 

Art.  44.  The  Government  House  in  Luxemburg  and  the  Chateau 
of  Walferdange  are  set  aside  for  the  residence  of  the  Grand  Duke, 
during  his  stay  within  the  country.  | 

Art.  45.  The  dispositions  of  the  Grand  Duke  must  be  counter- 
signed by  a  responsible  councilor  of  the  crown,  with  the  exception 
of  those  which  have  for  their  object  the  bestowal  on  foreigners  of 
decorations  not  destined  to  recompense  services  rendered  to  the 
Grand  Duchy. 

SECTION    2. LEGISLATION. 

Art.  46.  The  assent  of  the  Chamber  of  Deputies  is  required  for 
every  law. 

Art.  47.  The  Grand  Duke  addresses  to  the  Chamber  proposals  or 
bills  which  he  wishes  to  submit  for  its  adoption. 

1  These  figures  were  not  changed  on  the  accession  of  Grand  Duke  Adolphus  (1891/ 
and  Grand  Duke  William  (1905). 


LUXEMBURG.  397 

The  Chamber  has  the  right  to  propose  bills  to  the  Grand  Duke. 
Art.  48.  The  interpretation  of  laws  by  way  of  authority  shall  take 
place  only  by  the  law. 

SECTION   3. — JUSTICE. 

Art.  49.  Justice  is  rendered  in  the  name  of  the  Grand  Duke  by 
the  courts  and  tribunals. 

Decrees  and  judgments  are  executed  in  the  name  of  the  Grand 
Duke. 


I' 


Chapter  IV. — The  Chamber  of  Deputies. 


Art.  50.  The  Chamber  of  Deputies  represents  the  country. 

The  deputies  vote  without  consulting  with  their  constituents  and 
shall  have  in  view  only  the  general  interests  of  the  Grand  Duchy. 

Art.  51.  The  organization  and  the  mode  of.  election  of  the  Cham- 
ber are  regulated  by  the  law.^ 

The  electoral  law  fixes  the  number  of  deputies  according  to  the 
population.  This  number  shall  not  exceed  1  deputy  for  4,000  in- 
habitants, nor  be  less  than  1  deputy  for  5,500  inhabitants.^ 

The  election  is  direct. 

Art.  52.  To  be  elector  or  eligible,  it  is  necessary : 

1.  To  be  a  Luxemburger  by  birth  or  to  be  naturalized. 

2.  To  enjoy  civil  and  political  rights. 

3.  To  be  25  years  of  age. 

4.  To  be  domiciled  within  the  Grand  Duchy. 
No  other  condition  of  eligibility  shall  be  required. 

To  be  elector,  there  must  be  joined  to  these  four  conditions  those 
determined  by  the  law  and  there  must  be  paid,  besides,  the  qualifi- 
cation tax,  to  be  fixed,  which  shall  not  exceed  30  francs  nor  be  less 
than  10  francs.^ 

Art.  53.  The  following  shall  not  be  electors  nor  eligibles : 

1.  Those  condemned  to  corporal  or  infamous  punishment. 

2.  Those  who  have  been  condemned   for  theft,  swindling  or 
breach  of  trust. 

3.  Those  who  obtain  aid  from  a  public  charitable  institution. 

4.  Those  who  are  in  a  state  of  declared  bankruptcy,  bankrupts 
and  interdicts,  and  those  for  whom  judicial  counsel  has  been  named. 

1  Electoral  Code  of  5  March  1884  (203  articles)  governs  legislative  and  communal 
elections.     This  code  was  amended  successively  in  1885,  188(J,  1892,  1901,  1904  and  190G. 

*  According  to  Article  176  of  the  Electoral  Code,  cantons  elect  1  deputy  for  each  5.000 
Inhabitants,  fractions  over  3,000  counting  as  5.000.  The  number  of  deputies  at  present 
Is  50. 

^  The  electoral  qualification  tax,  after  having  been  reduced  from  30  to  15  francs  by  the 
Law  of  30  June  1892,  was  further  reduced  to  the  minimum  of  10  francs  by  the  Law  of 
22  June  1901    (Electoral  Code,  Article  1). 


398  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  54.  The  mandate  of  deputy  is  incompatible  : 

1.  With  the  functions  of  member  of  the  government. 

2.  With  those  of  prosecuting  magistrates. 

3.  With  those  of  member  of  the  Chamber  of  Accounts. 

4.  With  those  of  district  commissioner. 

5.  With  those  of  receiver  or  accountable  agent  of  the  State. 

6.  With  military  functions  above  the  grade  of  captain. 

The  functionaries  finding  themselves  in  a  case  of  incompatibility 
have  the  right  to  choose  between  the  mandate  confided  to  them  and 
their  functions. 

Art.  55.  The  incompatibilities  provided  by  the  preceding  article 
do  not  constitute  an  obstacle  to  the  establishment  of  others  by  the  law 
in  the  future.^ 

Art.  56.  Deputies  are  elected  for  6  years.  They  are  renewed  by 
halves  every  3  years,  according  to  the  order  of  the  series  determined 
by  the  electoral  law. 

In  case  of  dissolution,  the  Chamber  of  Deputies  is  renewed  inte- 
grally. 

Art.  57.  The  Chamber  verifies  the  powers  of  its  members  and  de- 
cides the  contests  which  arise  on  this  subject. 

On  their  entrance  into  office,  they  take  the  oath  which  follows : 

I  swear  fidelity  to  the  Grand  Duke,  obedience  to  the  Constitution  and  to  the 
laws  of  the  State.    So  help  me  God  ! 

This  oath  is  taken  in  public  session,  under  the  direction  of  the 
president  of  the  Chamber. 

Art.  58.  The  deputy,  appointed  by  the  government  to  a  salaried 
position  which  he  accepts,  ceases  immediately  to  sit,  and  resumes  his 
functions  only  by  virtue  of  a  new  election. 

Art.  59.  All  law^s  are  submitted  to  a  second  vote,  unless  the  Cham- 
ber, in  accord  with  the  Council  of  State,  sitting  in  public  session,  de- 
cides otherwise. 

There  shall  be  an  interval  of  at  least  three  months  between  the  two 
votes.^ 

Art.  60.  At  each  session  the  Chamber  names  its  president  and  its 
vice-president,  and  organizes  its  bureau. 

Art.  61.  The  meetings  of  the  Chamber  are  public,  with  the  excep- 
tions to  be  determined  by  regulations. 

1  Article  8  of  the  Law  of  8  May  1872  on  the  rights  and  duties  of  functionaries  reads 
as  follows  :  "  The  exercise  of  public  functions  under  the  pay  of  the  State  is  incompatible 
with  the  mandate  of  deputy.  The  acceptance  of  this  mandate  entails  by  that  very  fact 
the  resignation  of  public  functions."  A  law  of  18  February  1885  (Article  100)  decided 
that  the  functions  of  the  judicial  order  would  henceforth  be  incompatible  with  those 
of  deputy. 

2  After  the  vote  on  a  bill  as  a  whole,  the  president  consults  the  Chamber  as  to  whether 
there  should  or  should  not  be  a  second  vote.  If  the  Chamber  decides  on  a  second  vote, 
the  bill  is  sent  to  the  Council  of  State  which  decides  in  its  turn  whether  there  should 
or  should  not  be  a  second  vote. 


LUXEMBURG.  3iili 

Art.  62.  Every  resolution  is  carried  by  an  absolute  majority  of  the 
votes.  In  case  of  a  tie  vote,  the  proposition  under  consideration  is 
rejected. 

The  Chamber  may  pass  a  resolution  only  so  long  as  a  majority  of 
its  members  are  present. 

Art.  63.  The  votes  are  cast  aloud  or  by  sitting  and  rising.  On 
the  laws  as  wholes  the  vote  is  always  taken  by  roll-call  and  aloud. 

Art.  64.  The  Chamber  has  the  right  of  inquiry.  The  law  regu- 
lates the  exercise  of  this  right. 

Art.  65.  A  bill  can  be  adopted  by  the  Chamber  only  after  having 
been  voted  article  by  article. 

Art.  66.  The  Chamber  has  the  right  to  amend  or  to  divide  the 
articles  and  the  amendments  proposed. 

Art.  67.  It  is  forbidden  to  present  petitions  to  the  Chamber  in 
person. 

The  Chamber  has  the  right  to  return  to  the  members  of  the  govern- 
ment the  petitions  which  are  addressed  to  it. 

The  members  of  the  government  shall  give  explanations  on  their 
contents  whenever  the  Chamber  shall  request  it. 

The  Chamber  does  not  occupy  itself  with  any  petition  having  in- 
dividual interests  for  its  object,  unless  it  tend  to  the  redressing  of 
grievances  resulting  from  illegal  acts  admitted  by  the  government 
or  the  authorities,  or  the  decision  to  intervene  be  within  the  com- 
petence of  the  Chamber. 

Art.  68.  No  deputy  can  be  prosecuted  or  investigated  because  of 
opinions  and  votes  put  forth  by  him  in  the  exercise  of  his  functions. 

Art.  69.  No  deputy  can,  during  the  continuance  of  the  session,  be 
prosecuted  or  arrested  by  way  of  repression,  except  with  the  authori- 
zation of  .the  Chamber,  save  in  case  of  flagrante  delicto. 

No  bodily  constraint  can  be  exercised  against  one  of  its  members 
during  the  session,  except  with  the  same  authorization. 

The  detention  or  the  prosecution  of  a  deputy  is  suspended  during 
the  session  and  for  all  its  length,  if  the  Chamber  requires  it. 

Art.  To.  The  Chamber  determines  by  its  own  regulations  the  mode 
according  to  which  it  exercises  its  attributions.^ 

Art.  71.  The  meetings  of  the  Chamber  are  held  in  the  place  of 
residence  of  the  administration  of  the  Grand  Duchy. 

Art.  72.  The  Chamber  meets  each  year  in  ordinary  session  at  the 
time  fixed  by  the  regulations.^ 

The  Grand  Duke  can  convoke  the  Chamber  in  extraordinary 
session. 

1  These  regulations  bear  the  date  of  5  December  1877. 

2  The  ordinary  session  begins  the  first  Tuesday  after  3  November. 


400  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Every  session  is  opened  and  closed  by  the  Grand  Duke  in  person, 
or  else  in  his  name  by  a  legal  representative  appointed  for  this 
purpose. 

Art.  73.  The  Grand  Duke  can  adjourn  the  Chamber.  However, 
the  adjournment  can  not  exceed  the  term  of  a  month,  nor  be  renewed 
in  the  same  session,  without  the  assent  of  the  Chamber. 

Art.  74.  The  Grand  Duke  can  dissolve  the  Chamber. 

New  elections  are  proceeded  with  within  three  months  of  the  disso- 
lution at  the  latest. 

Art.  75.  There  is  granted  to  each  deputy  out  of  the  treasury  of  the 
State,  by  way  of  indemnification,  a  sum  of  five  francs  per  day  of 
attendance  or  for  traveling  expenses.  Those  w^ho  live  in  the  city 
where  the  session  is  held  do  not  enjoy  any  indemnification. 

Chapter  Y. — The  Government  of  tpie  Grand  Duchy. 

Art.  76.  The  Grand  Duke  regulates  the  organization  of  his  govern- 
ment, which  is  composed  of  at  least  3  members.^ 

There  shall  be,  besides  the  government,  a  Council  called  to  delib- 
erate on  the  bills  and  the  amendments  which  might  be  proposed 
thereto  to  regulate  questions  of  administrative  litigation,  and  to  give 
its  advice  on  all  other  questions  w^hich  shall  be  referred  to  it  by  the 
Grand  Duke  or  by  the  laws. 

The  organization  of  this  Council  and  the  manner  of  exercising  its 
attributions  are  regulated  by  the  law.^ 

Art.  77.  The  Grand  Duke  appoints  and  recalls  the  members  of  the 
government. 

Art.  78.  The  members  of  the  government  are  responsible. 

Art.  79.  There  is  between  the  members  of  the  government  and  thb 
Grand  Duke  no  intermediary  authority.^ 

Art.  80.  The  members  of  the  government  or  the  commissioners 
which  replace  them  have  admittance  to  the  Chambers,  and  must  be 
heard  when  they  request  it. 

The  Chamber  can  request  their  presence. 

Art.  81.  In  no  case  can  the  oral  or  written  order  of  the  Grand 
Duke  release  a  member  of  the  government  from  responsibility. 

Art.  82.  The  Chamber  has  the  right  to  accuse  the  members  of  the 
government. 

iTwo  decrees  (9  July  1857  and  16  November  1878)  organize  the  government.  A 
decree  of  8  February  1878  organizes  the  bureaux  of  the  government.  Since  1901  there 
are  six  divisions  of  the  public  service. 

2  Organic  Law  of  the  Council  of  State  of  16  January  1866. 

8  In  spite  of  this  constitutional  provision,  a  Law  of  11  December  1872  organized  a 
secretariate  to  serve  as  intermediary  between  the  sovereign  and  the  government.  This 
secretariate  eat  at  The  Hague,  but,  since  the  personal  union  between  Luxemburg  and  the 
Netherlands  ceased,  it  sits  in  Luxemburg. 


LUXEMBURG.  401 

A  law  shall  determine  the  cases  of  responsibility,  the  penalties  to  be 
inflicted  and  the  mode  of  proceedure,  either  on  the  accusation  ad- 
mitted by  the  Chamber  or  on  the  prosecution  by  the  injured  parties.^ 

Art.  83.  The  Grand  Duke  can  pardon  a  convicted  member  of  the 
government  only  on  the  request  of  the  Chamber. 

Chapter  VI. — Justice.- 

Art.  84.  Disputes  which  have  civil  rights  for  their  object  are 
exclusively  within  the  jurisdiction  of  the  tribunals. 

Art.  85.  Disputes  which  have  political  rights  for  their  object  are 
within  the  jurisdiction  of  the  tribunals,  save  for  exceptions  estab- 
lished by  the  law. 

Art.  86.  No  tribunal  or  contentious  jurisdiction  can  be  established 
except  by  virtue  of  a  law.  No  commissions  or  extraordinary  tribunals 
under  any  denomination  whatsoever  can  be  created. 

Art.  87.  The  organization  of  a  Superior  Court  of  Justice  is  pro- 
vided for  by  a  law. 

Art.  88.  The  hearings  of  the  tribunals  are  public,  unless  this  pub- 
licity be  dangerous  for  order  or  morals,  and,  in  this  case,  the  tribunal 
declares  it  by  a  judgment. 

Art.  89.  Every  judgment  states  the  grounds  therefor.  It  is  pro- 
nounced in  public  audience. 

Art  90.  Justices  of  the  peace  and  judges  of  the  tribunals  are  ap- 
pointed directly  by  the  Grand  Duke. 

The  counselors  of  the  court  and  the  presidents  and  vice-presidents 
of  the  tribunals  of  arrondissement  are  appointed  by  the  Grand  Duke 
on  the  advice  of  the  Superior  Court  of  Justice. 

Art.  91.  The  judges  of  the  tribunals  of  arrondissement  and  the 
counselors  are  appointed  for  life. 

No  one  of  them  can  be  deprived  of  his  position  or  suspended  ex- 
cept by  a  judgment. 

The  removal  of  one  of  these  judges  can  take  place  only  by  a  new 
nomination  and  with  his  consent. 

However,  in  case  of  infirmity  or  of  misconduct,  he  can  be  sus- 
pended, recalled  or  removed,  following  the  conditions  determined  by 
the  law. 

;      Art.  92.  The  salaries  of  members  of  the  judicial  order  are  fixed 
i  by  law. 

I  Art.  93.  Except  in  cases  provided  by  the  law,  no  judge  can  accept 
salaried  functions  from  the  government,  unless  he  exercises  them 
gratuitously,  without  prejudice  however  to  the  cases  of  incompati- 
bility determined  by  the  law. 

1  These  accusations  are  carried  before  the  Superior  Court  of  Justice. 

a  Organic  Law  of  18  February  1885  on  the  organization  of  the  Judiciary 


402  CONSTITUTIONS  OF  THE   STATES  AT  WAR. 

Art.  94.  Particular  laws  regulate  the  organization  of  military 
tribunals,  their  attributions,  the  rights  and  obligations  of  the  mem- 
bers of  these  tribunals  and  the  duration  of  their  functions. 

There  may  be  tribunals  of  commerce  in  places  determined  by  the 
law.  It  regulates  their  organization,  their  attributions,  the  mode  of 
nomination  of  their  members  and  the  duration  of  the  functions  of 
these  last. 

Art.  95.  The  courts  and  tribunals  apply  general  and  local  decrees 
and  regulations  only  so  far  as  they  are  in  conformity  with  the  laws. 

The  Superior  Court  of  Justice  shall  regulate  conflicts  of  attribu- 
tions according  to  the  manner  determined  by  the  law. 

Chapter  VII. — The  Public  Force. 

Art.  96.  Everything  concerning  the  armed  force  is  regulated  by 
the  law.^ 

Art.  97.  The  organization  and  the  attributions  of  the  gendarmery 
constitute  the  object  of  a  law. 

Art.  98.  A  civic  guard  can  be  formed  whose  organization  is  regu- 
lated by  the  law. 

Chapter  VIII. — Finances. 

Art.  99.  No  impost  to  the  profit  of  the  State  can  be  established  ex- 
cept by  law. 

No  loan  to  the  profit  of  the  State  can  be  contracted  without  the 
assent  of  the  Chamber. 

No  real  estate  of  the  State  can  be  alienated,  if  the  alienation  is  not 
authorized  by  the  law. 

No  creation  to  the  profit  of  the  State,  of  a  road,  canal,  railroad, 
great  bridge  or  considerable  vessel  can  be  decreed  except  by  virtue  of 
a  special  law. 

No  charge  burdening  the  budget  of  the  State  for  more  than  one 
fiscal  period  can  be  established  except  by  a  special  law. 

No  communal  charge  or  imposition  can  be  established  except  with 
the  consent  of  the  communal  council. 

The  law  determines  the  exceptions,  which  experience  shall  demon- 
strate necessary  with  regard  to  communal  imposition. 

Art.  100.  Imposts  to  the  profit  of  the  State  are  voted  annually. 

The  laws  which  establish  them  have  force  only  for  one  year,  if  they 
are  not  renewed. 

Art.  101.  No  privilege  can  be  established  in  the  matter  of  imposts. 

No  exemption  or  moderation  can  be  established  except  by  a  law. 

Art.  102.  Outside  of  the  cases  formally  excepted  by  the  law,  no 
payment  can  be  exacted  from  citizens  or  public  establishments  except 
by  right  of  impost  to  the  profit  of  the  State  or  of  the  commune. 

1  Law  of  16  February  1881  on  the  organization  of  the  armed  force. 


LUXEMBURG.  403 

Art.  103.  No  pension,  retainer  or  gratuity  at  the  expense  of  the 
treasury  can  be  accorded  except  by  virtue  of  the  law. 

Art.  104.  Each  year  the  Chamber  decrees  the  law  of  accounts  and 
votes  the  budget. 

All  the  receipts  and  expenditures  of  the  State  must  be  carried  in 
the  budget  and  in  the  accounts. 

Art.  105.  A  Chamber  of  Accounts  is  charged  with  the  examina- 
tion and  the  liquidation  of  the  accounts  of  the  general  administra- 
tion and  of  all  those  accountable  to  the  public  treasury. 

The  law  regulates  its  organization,  the  exercise  of  its  attributions 
and  the  mode  of  nomination  of  its  members.^ 

The  Chamber  of  Accounts  sees  to  it  that  no  article  of  expenditure 
of  the  budget  is  exceeded. 

No  transfer  from  one  section  of  the  budget  to  another  can  be  made 
except  by  virtue  of  a  law. 

However,  members  of  the  government  can  effect,  in  their  offices, 
transfers  of  surpluses  from  one  article  to  another  in  the  same  section, 
on  condition  that  they  justify  them  before  the  Chamber  of  Deputies. 

The  Chamber  of  Accounts  agrees  on  the  accounts  of  the  different 
administrations  of  the  State  and  is  charged  with  collecting  for  this 
purpose  all  necessary  information  and  vouchers.  The  general  ac- 
count of  the  State  is  submitted  to  the  Chamber  of  Deputies  with  the 
observations  of  the  Chamber  of  Accounts.^  * 

Art.  106.  The  salaries  and  pensions  of  ministers  of  religions  are  at 
the  expense  of  the  State  and  regulated  by  the  law. 

Chapter  IX. — The  Communes.^ 

Art.  lOY.  There  shall  be  in  each  commune  a  communal  council 
elected  directly  by  the  inhabitants  having  the  qualifications  required 
to  be  electors;  the  composition,  organization  and  attributions  of 
this  council  are  regulated  by  the  law. 

The  burgomaster  is  appointed  and  recalled  by  the  Grand  Duke, 
who  can  choose  him  outside  of  the  council. 

The  communal  council  decides  on  all  that  is  of  purely  conmiunal 
interest,  excepting  the  approval  of  its  acts  in  the  cases  and  in  the 
manner  which  the  law  determines. 

The  communal  agents  or  employees,  those  of  the  municipal,  for- 
estry and  rural  police  are  appointed  and  recalled  in  the  manner 
determined  by  the  law. 

1  Laws  of  9  January  1852  and  27  January  1865. 

2  Law  of  9  January  1852  on  the  accountability  of  the  State. 

"  Law  of  24  February  1843  on  the  organization  of  communes  and  districts,  amended 
by  the  Laws  of  15  November  1854  and  10  December  1860,  by  the  Law  of  2  December 
1861,  by  the  Constitution  and  by  the  Law  of  5  March  1884.  The  communal  elections 
are  governed  by  the  Law  of  5  March  1884  on  legislative  and  communal  elections.  The 
qualification  tax  of  electors  in  communal  matters  is  10  francs  of  direct  imposts.  See 
notes  under  Articles  51  and  52,  above. 


404  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

No  communal  tax  can  be  established  or  suppressed  without  the 
authorization  of  the  Grand  Duke. 

The  accounts  and  budgets  are  made  public. 

The  Grand  Duke  can  suspend  or  annul  the  acts  of  the  communal 
authorities  which  exceed  their  attributions  or  which  are  contrary  to 
the  law  or  general  interest.  The  law  regulates  the  consequences  of 
this  suspension  or  annulling. 

The  Grand  Duke  has  the  right  to  dissolve  the  council. 

Art.  108.  The  editing  of  the  acts  of  the  civil  State  and  the  keeping 
of  the  registers  are  exclusively  among  the  attributions  of  the  com- 
munal authorities. 

Chapter  X. — General  Provisions. 

Art.  109.  The  city  of  Luxemburg  is  the  capital  of  the  Grand 
Duchy  and  the  seat  of  government. 

The  seat  of  government  can  not  be  removed  except  temporarily,  for 
grave  reasons. 

Art.  110.  No  oath  can  be  imposed  except  by  virtue  of  the  law ;  it 
determines  the  formula  thereof. 

All  civil  public  functionaries,  before  entering  upon  office,  take  the 
following  oath: 

I  swear  fidelity  to  the  Grand  Duke,  obedience  to  the  Constitution  and  to 
the  laws  of  the  State.     So  help  me  God  1 

Art.  111.  Every  foreigner  within  the  territory  of  the  Grand 
Duchy  enjoys  the  protection  accorded  to  persons  and  to  property, 
save  exceptions  established  by  the  law. 

Art.  112.  No  law,  or  decree  or  regulation  of  general  or  communal 
administration,  is  obligatory  except  after  having  been  published  in 
the  form  determined  by  the  law. 

Art.  113.  No  provision  of  the  Constitution  can  be  suspended. 

Art.  114.  The  legislative  powder  has  the  right  to  declare  that  there 
is  occasion  to  proceed  to  the  revision  of  such  constitutional  provision 
as  it  designates. 

After  this  declaration,  the  Chamber  is  dissolved  ipso  facto. 

A  new  one  shall  be  convoked,  conformably  to  Article  74  of  the 
present  Constitution. 

This  Chamber  determines  in  common  accord  with  the  Grand  Duke 
on  the  points  submitted  for  revision. 

In  this  case  the  Chamber  shall  not  have  power  to  deliberate,  if 
at  least  three  fourths  of  the  members  who  compose  it  are  not  present, 
and  no  change  shall  be  adopted,  if  it  does  not  receive  at  least  two 
thirds  of  the  votes. 

Art.  115.  No  change  in  the  Constitution  can  be  made  during  a 
regency. 


LUXEMBURG.  405 

Chapter  XI. — Transitory  and  Supplementary  Provisions. 

Art.  116.  Until  provision  is  made  by  a  law,  the  Chamber  of  Depu- 
lies  shall  haA^e  the  discretionary  power  to  accuse  a  member  of  the 
government,  and  the  Superior  Court,  in  general  assembly,  shall  try 
him,  characterizing  the  offense  and  determining  the  penalty. 

Nevertheless,  the  penalty  must  not  exceed  that  of  imprisonment, 
without  prejudice  to  the  cases  expressly  provided  for  by  the  penal 
laws. 

The  councilors  of  the  court  forming  part  of  the  Chamber  shall 
abstain  from  all  participation  in  the  procedure  and  the  judgment. 

Art.  117.  From  the  day  when  the  Constitution  shall  be  executory, 
all  laws,  decrees,  orders,  regulations  and  other  acts  which  are  con- 
trary to  it  are  abrogated. 

Art.  118.  The  death  penalty,  abolished  in  political  matters,  is 
replaced  by  the  penalty  immediately  inferior,  until  it  is  determined 
upon  by  the  new  law. 

Art.  119.  While  awaiting  the  conclusion  of  the  conventions  pro- 
vided by  Article  22,  the  present  provisions  relative  to  religious 
worship  remain  in  force. 

Art.  120.  Until  the  promulgation  of  the  laws  and  regulations 
provided  by  the  Constitution,  the  laws  and  regulations  in  force  con- 
tinue to  be  applied. 

Art.  121.  The  Constitution  of  the  Estates  of  12  October  1841  is 
abolished. 

All  the  authorities  preserve  and  exercise  their  attributions,  until 
it  shall  have  been  otherwise  provided  conformably  to  the  Consti- 
tution.^ 

^  Here  follow  the  signatures  of  the  Grand  Duke  and  five  State  officials. 


MONTENEGRO. 

The  Principality  of  Montenegro  was  not  established  in  its  present 
form  until  1/13  January  1852.  Three  years  later  a  general  Code  in 
95  articles  was  promulgated.  This  Code  was  a  sort  of  compendium 
of  all  the  national  institutions,  political  as  well  as  civil,  penal  and 
financial,  and  it  proclaimed  the  equality  of  all  citizens  before  the 
law,  the  inviolability  of  their  rights,  as  well  as  regulated  the  suc- 
cession to  the  throne.  In  1868  a  beginning  in  constitutional  reform 
was  inaugurated,  when  certain  financial  powers  and  the  direction 
of  administrative  affairs  were  conferred  upon  a  Senate.  Eleven 
years  later  the  Prince  abolished  the  Senate  and  created  a  Council 
of  State,  composed  of  eight  members,  half  elected  by  the  Prince, 
half  by  all  the  male  inhabitants  bearing  or  having  borne  arms. 
The  legislative  and  executive  powers  were  exercised,  in  accord  with 
the  sovereign,  by  this  Council  of  State  and  by  a  Council  of  Min- 
isters. The  independence  of  Montenegro  had  just  been  recognized 
by  Article  26  of  the  Treaty  of  Berlin  of  13  July  1878.^  Two  articles 
of  this  treaty  imposed  upon  Montenegro  equality  of  religious  con- 
fessions (Article  27)  and  inviolability  of  property  (Article  20). 
The  present  Constitution  was  granted  by  a  Proclamation  of  18/31 
October  1905.  A  Chamber  of  62  deputies  was  elected  on  14  Novem- 
ber, and  the  Prince  took  oath  before  it  to  the  new  Constitution  in 
the  meeting  of  6  December.^ 


CONSTITUTION  OF  6/19  DECEMBER  1905.^ 
[Preamble.] 

We,  Nicholas  I,  by  the  grace  of  God  Prince  and  Hospodar  of 
Montenegro,  grant  and  publish  this  Constitution  for  the  Principality 
of  Montenegro. 

1  French  text  In  the  British  and  Foreign  Btate  Papers,  69 :  pp.  749-767;  English 
translation  In  Edward  Hebtslet,  Map  of  Europe  hy  Treaty,  vol.  iv  (London,  1891). 
pp.  2759-2799. 

"This  introductory  paragraph  Is  based  upon  F.  R.  Dareste  et  P.  Dareste,  Lea  Con- 
eUtutions  modemea  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  294-295. 

»  Translated  by  Otis  G.  Stanton  from  the  French  text  In  the  British  and  Foreign  State 
^Papers,  98  :  pp.  419-440.  German  translation  In  Paul  Posenbr,  Die  Staatsverfassungen 
des  Erdballs   (Charlottenburg,  1909),  pp.  685-705. 

407 


408  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Part  I. — The  Form  of  Government;  the  Prince  Hospodar;  the 
Territory  and  Religion  or  the  State. 

Article  1.  The  Principality  of  Montenegro  is  an  hereditary  and 
constitutional  monarchy  ^Yith  national  representation. 

Art.  2.  The  Prince  Hospodar  is  head  of  the  State  and,  as  such, 
possesses  all  the  rights  of  the  supreme  power  and  exercises  them  ac- 
cording to  the  provisions  of  the  present  Constitution.  His  person 
is  inviolable  and  irresponsible.     He  can  not  in  any  case  be  impeached. 

Art.  3.  The  Prince  Hospodar  exercises  the  legislative  power  in 
concert  with  the  national  representation. 

Art.  4.  The  Prince  Hospodar  sanctions  and  promulgates  the  laws. 
Xo  law  can  come  into  force  unless  the  Prince  Hospodar  sanctions 
and  promulgates  it. 

Art.  5.  The  Prince  Hospodar  is  the  supreme  head  of  the  army. 

Art.  6.  The  Prince  Hospodar  is  the  protector  of  all  the  rejigions 
recognized  in  Montenegro. 

Art.  7.  The  Prince  Hospodar  represents  the  country  in  all  its  rela- 
tions with  foreign  States.  He  declares  war,  concludes  treaties  of 
peace  and  alliance  and  communicates  them  to  the  national  represen- 
tation in  so  far  as  and  when  the  interests  and  security  of  the  country 
permit  it.  For  treaties  of  commerce,  for  those  whose  execution  exacts 
outlays  of  money  from  the  treasury,  necessitates  a  modification  of  the 
laws  of  the  country,  or  limits  the  private  and  public  rights  of  Monte- 
negrin subjects,  the  approval  of  the  Skupshtina  ^  is  necessary. 

Art.  8.  The  Prince  Hospodar  appoints  all  the  funtionaries  of  the 
State.  All  the  authorities  of  the  country  exercise  their  functions  in 
his  name  and  under  his  supreme  surveillance. 

Art.  9.  The  Prince  Hospodar  confers  the  military  grades  conform- 
ably to  the  provisions  of  the  laws. 

Art.  10.  The  Prince  Hospodar  has  the  right  to  coin  money. 

Art.  11.  The  Prince  Hospodar  confers  decorations,  titles  and 
other  distinctions. 

Art.  12.  The  Prince  Hospodar  has  the  right  of  amnesty. 

Art.  13.  The  Prince  Hospodar  has  the  pardoning  power  in  crim- 
inal cases;  he  can  mitigate,  diminish,  or  completely  remit  penalties. 

There  can  be  no  suspension  of  examination  and  trial  in  progress, 
for  non-political  criminals. 

Art.  14.  The  Prince  Hospodar  and  his  family  must  belong  to  the 
Eastern  Orthodox  religion. 

Art.  15.  The  heir  apparent  and  the  other  members  of  the  reigning 
family  can  not  marry  w  ithout  the  permission  of  the  Prince  Hospodar. 

Art.  16.  The  Prince  Hospodar  resides  in  the  country,  and  if,  in 
case  of  necessity,  he  leaves  Montenegro,  for  some  time,  he  is  repre- 

1  The  name  of  the  National  Assembly. 


MONTENEGRO.  409 

sented  by  the  Cvo^\n  Prince.  In  case  the  latter  should  be  prevented 
from  representing  the  Prin.e  Hospodar,  the  constitutional  authority 
of  the  Principality  shall  be  exercised  by  the  Council  of  Ministers, 
conformably  to  the  instructions  which  the  Prince  Hospodar  shall 
have  given  them  within  the  limits  of  the  Constitution.  The  Prince 
Hospodar  announces  to  the  people  by  a  proclamation  his  departure 
from  the  country  and  the  nomination  of  his  representative. 

Airr.  17.  Tlie  Prince  Hospodar  convokes  the  National  Skupshtina 
in  ordinary  or  extraordinary  session.  He  opens  and  closes  the  meet- 
ings of  the  National  Skupshtina  personally  by  a  discourse  from  the 
throne,  and  through  the  medium  of  the  Council  of  Ministers  by 
means  of  a  message  or  ukase.  The  Prince  Hospodar  has  the  right 
to  adjourn  the  National  Skupshtina  and  to  dissolve  it.  Th?  ukase 
of  adjournment  and  of  dissolution  of  the  Skupshtina  must  be  coun- 
tersigned by  all  the  ministers.  . 

Art.  18.  In  Montenegro  Prince  Nicholas  I  Petrovitch  Niegosch  ^ 
reigns. 

Under  the  name  of  reigning  house  is  included:  the  Sovereign 
Prince,  the  Sovereign  Princess,  the  Crown  Prince,  the  Crown 
Princess. 

Members  of  the  reigning  house  are:  the  father  and  the  grand- 
father of  the  Sovereign  Prince,  the  ascendants  in  direct  line,  then 
the  sons,  the  brothers,  the  wives  of  the  brothers,  the  daughters,  the 
sisters,  the  nephews  (sons  of  the  brothers),  the  grandsons  and  the 
granddaughters. 

No  other  relative,  either  by  blood  or  by  marriage,  is  considered 
a  member  of  the  reigning  family  and  can  not,  by  consequence,  en- 
joy any  prerogative  or  any  right  of  preference  over  the  other  Monte- 
necfrin  subjects. 

A  in.  19.  The  male  descendants  are  called  to  the  succession*  by 
ortl(n"  of  primogeniture  as  it  is  prescribed  by  the  special  statute  of 
family  on  the  succession  to  the  throne. 

Art.  20.  The  Prince  Hospodar  and  the  heir  to  the  throne  attain 
their  majority  at  18  years  of  age. 

Art.  21.  In  case  of  death  of  the  Prince  Hospodar,  the  heir  to 
ithe  throne  immediately  takes  the  power  as  Prince  Hospodar  of 
Montenegro  and  notifies  the  people  of  his  accession  to  the  throne 
b}^  a  proclamation. 

He  convokes  the  National  Skupshtina  within  the  thirty  days  fol- 
lowing the  death  of  the  late  Prince  Hospodar  in  order  to  take  be- 
jfore  it  the  oath  prescribed  by  the  Constitution.  In  case  the  Skupsh- 
tina should  be  dissolved  without  the  new  one  having  been  yet 
(elected,  it  is  the  old  one  which  should  be  assembled  for  this  purpose. 

1  See  the  Law  of  28  Augxist  1910  (p.  429,  below),  which  proclaimed  Prince  Nicholas 
King. 

88381—19 27 


410  CON^STITUTIONS   OF  THE  STATES  AT  WAR. 

* 

It  would  be  the  same  if  the  Prince  Hospodar  abdicated  dSring  his 
lifetime  in  favor  of  his  heir. 

Art.  22.  In  taking  possession  of  the  power,  the  Prince  Hospodar 
takes  before  the  National  Skupshtina  the  following  oath: 

In  ascending  the  throne  and  taking  possession  of  the  power  as  Prince  Hos- 
podar of  Montenegro,  I  swear  before  the  Almighty  God  and  before  all  the 
Saints  to  defend  the  Constitution,  to  govern  according  to  the  Constitution  and 
the  laws  and,  in  all  my  tendencies  and  my  acts,  to  have  the  well-being  of  the 
country  before  my  eyes. 

As  I  have  sincerely  sworn,  may  God  aid  me  and  the  Holy  Gospel  and  this 
cross  which  I  embrace  with  faith  and  love.    Amen. 

Art.  23.  If  at  the  death  of  the  Prince  Hospodar  the  heir  to  the 
throne  is  not  of  age,  the  constitutional  princely  authority  shall  be 
exercised  until  his  majority  by  a  regency  composed  of  three  members. 

Art.  24.  The  regents  are  appointed  by  the  Prince  Hospodar  in  his 
will ;  if  he  has  not  made  provision  in  this  regard,  by  the  Skupshtina. 

Art.  25.  The  testament  by  which  the  Prince  Hospodar  nominates 
the  regents  of  the  Prince  must  be  written  and  signed  by  his  own 
hand, 

The  meinbers  of  the  Council  of  Ministers  sign  as  witnesses  on  the 
back  of  the  testament. 

The  testament  must  be  written  in  triplicate  which,  sealed  under 
the  seal  of  the  Prince  Hospodar,  are  deposited  caie  with  the  Council 
of  State,  one  with  the  Supreme  Tribunal,  and  the  third  in  the  hands 
of  the  Keeper  of  the  Seals. 

Art.  26.  If  the  Prince  Hospodar  has  not  designated  the  regents  by 
his  testament,  the  constitutional  authority  is  exercised  provisionally 
by  the  Council  of  Ministers,  which  announces  it  by  a  proclamation 
and  convokes  the  Skupshtina  for  the  election  of  the  prince  regents, 
a  inonth,  at  the  latest,  from  the  day  of  the  death  of  the  Prince 
Hospodar. 

Art.  27.  If  the  Princess  Mother  is  Hving,  she  must  constitute  part 
of  the  regency  and  the  National  Skupshtina  chooses  the  other  two 
regents. 

Art.  28.  The  regents  are  chosen  solely  from  among  subjects  Monte- 
negrin by  birth ;  they  must  be  of  the  Orthodox  religion,  enjoy  all  the 
civil  rights,  be  forty  years  old,  be  ministers,  or  councillors  of  State, 
or  envoys  accredited  to  a  foreign  court,  presidents  of  the  Supreme 
Tribunal  or  of  the  Control  General  of  the  State  or  brigadiers;  or 
have  exercised  one  of  these  functions. 

Art.  29.  The  election  of  the  regents  is  always  done  by  secret 
ballot. 

Art.  30.  The  regents  receive  per  annum,  as  salary,  the  fifth  of  the 
civil  list  of  the  Prince  Hospodar,  which  they  divide  among  them- 
selves in  equal  parts. 


MONTENEGRO.  411 

The  regents  before  taking  possession  of  the  princely  authority 
take  oath  that  they  will  be  faithful  to  the  Prince  Hospodar,  and  that, 
they  will  govern  according  to  the  Constitution  and  the  laws  of  the 
country;  after  which  they  announce  by  a  proclamation,  the  taking 
possession  of  the  princely  authority.  If  they  are  named  by  the 
testament,  they  take  the  oath  before  the  Skupshtina,  which  they 
must  convoke,  at  the  latest,  a  month  after  the  death  of  the  Prince 
Hospodar;  in  the  other  case  they  take  the  oath  before  the  Skup- 
shtina which  has  elected  them. 

Art.  31.  During  the  minority  of  the  Prince  Hospodar,  no  change 
can  be  made  in  the  Constitution. 

Art.  32.  If  one  of  the  regents  dies  or  is  prevented  from  exercis- 
ing his  functions,  he  is  replaced  by  the  President  of  the  Council  of 
State. 

Art.  33.  The  princely  regency  shall  direct  the  education  of  the 
minor  Prince  Hospodar. 

Art.  34.  If  the  Prince  Hospodar  dies  without  leaving  male  de- 
scendants and  the  Princess  is  pregnant,  the  princely  power  shall  be 
exercised  provisionally  to  the  moment  of  the  delivery,  by  the  Presi- 
dent of  the  Council  of  State,  the  President  of  the  Council  of  Minis- 
ters and  the  President  of  the  Supreme  Tribunal ;  after  the  delivery 
the  princely  regents  shall  be  elected  conformably  to  Article  28  of 
the  present  Constitution. 

Art.  35.  The  civil  list  of  the  Prince  Hospodar  is  fixed  by  a 
law.  It  can  not  be  increased  without  the  authorization  of  the 
Skupshtina  nor  diminished  without  the  consent  of  the  Prince  Hos- 
podar. 

Art.  36.  The  territory  of  the  Principality  of  Montenegro  can 
not  be  divided  or  alienated.  Its  frontiers  can  be  neither  diminished 
nor  modified  without  an  agreement  between  the  Prince  Hospodar 
and  the  Skupshtina. 

Art.  37.  Montenegro  is  divided  into  departments,  the  depart- 
ments into  arrondissements,  the  arrondissements  into  communes. 

Art.  38.  The  arms  of  the  Principality  of  Montenegro  are  the  two- 
headed  white  eagle,  surmounted  by  the  imperial  crown,  holding  in 
his  talons,  the  imperial  scepter  at  the  right  and  the  globe  at  the 
left ;  on  the  breast,  a  silver  lion  on  a  field  of  gules. 

Art.  39.  The  national  colors  are:  Red,  blue,  white. 

Art.  40.  The  State  religion  of  Montenegro  is  the  Eastern  Ortho- 
dox.   The  Montenegrin  Church  is  autocephalous. 

It  does  not  depend  on  any  foreign  church,  but  it  preserv^es  unity 
of  dogmas  with  the  CEcumenical  Eastern  Orthodox  Church. 

All  the  other  recognized  religious  confessions  are  free  in  Mon- 
tenegro. 


412  CONSTITUTIONS  or  the  states  at  war. 

Part  II. — The  Xatioxal  Representation. 

Art.  41.  The  national  representation  is  the  Skupshtina.  It  re- 
places the  meetings,  the  assemblies  and  the  conferences  hitherto 
existing  in  Montenegro. 

Art.  42.  The  Prince  Hospodar  convokes  the  Skupshtina  regularl}; 
every  year  on  Saint  Luke's  Day  (18/31  October),  and  designates 
the  locality  where  it  is  to  meet.  He  can  also  convoke  it  in  extraor- 
dinary session,  if  grave  and  urgent  affairs  of  State  demand  it. 

Art.  43.  The  deputies  are  elected  for  four  years. 

Art.  44.  If  the  elections  take  place  after  the  dissolution  of  the 
National  Skupshtina,  the  period  of  four  years  begins  the  day  of  the 
inauguration  of  the  Skupshtina  newly  elected. 

Art.  45.  The  Skupshtina  is  composed  of  deputies  elected  by  the 
people  and  of  deputies  who  form  part  of  it  because  of  their  position, 
namely,  the  Metropolitan  of  Montenegro,  the  Archbishop  of  Antivarj 
(Serbian  Primate),  tlie  Mufti  of  MontenegTo,  the  President  and  the 
members  of  the  Council  of  State,  the  President  of  the  Supreme  Tri- 
bunal, the  President  of  the  Control  General  of  the  State  and  three 
brigadiers  appointed  by  the  Prince  Hospodar. 

Art.  46.  The  elections  of  deputies  are  direct. 

Art.  47.  Each  arrondissement  and  each  chief-town  of  depart- 
ment, also  the  city  Dulcigno,  elects  one  deputy  each. 

Art.  48.  Every  Montenegrin  citizen  of  age  is  elector  by  right, 
without  regard  to  the  sum  which  he  pays  as  taxes. 

Art.  49.  The  following  Montenegrin  citizens  lose  temporarily  theii 
electoral  rights: 

1.  Those  who  are  sentenced  to  prison,  until  they  have  recovered 
their  civil  rights. 

2.  Those  who  are,  as  a  consequence  of  some  transgression,  con- 
demned to  the  loss  of  civil  honors,  this  during  the  continuance  of 
the  penalty. 

3.  Bankrupts.  j 

4.  Those  who  are  under  guardianship. 

5.  Those  who  have  entered  the  service  of  a  foreign  State  without 
the  authorization  of  the  Montenegrin  government. 

Art.  50.  The  officers,  non-commissioned  officers  and  soldiers  of  the 
active  army  are  not  electors. 

Art.  51.  The  vote  is  essentially  personal  and  can  not  be  cast  except 
in  one  single  place,  namely,  in  the  arrondissement  or  the  city  where 
the  elector  is  registered. 

Art.  52.  Every  citizen  who  does  not  have  the  right  to  vote  is  in- 
eligible. 

Art.  53.  Every  Montenegrin  citizen  to  be  eligible  must  be  thirty 
years  old,  have  his  domicile  fixed  in  Montenegro  (exceptions  made 


MONTENEGRO.  413 

for  those  who  live  abroad,  charged  with  some  official  mission), 
enjoy  all  the  civil  rights,  and  pay  to  the  State  at  least  15  crowns  per 
annum  under  the  form  of  contributions  or  of  impost,  or  of  contrihw- 
tions  and  impost  together. 

Art.  54.  Functionaries  forming  part  of  the  administrative  au- 
thorities (police)  are  ineligible. 

Art.  55.  All  deputies  must  live  in  Montenegro,  but  they  are  not 
obliged  to  reside  in  the  arrondissement  or  in  the  city  w^here  they  have 
been  elected. 

Art.  56.  To  be  proclaimed  deputy-elect  in  an  arrondissement  or  a 
city,  it  is  necessary  to  obtain  the  absolute  majority  of  the  votes  cast. 

Art.  57.  If  no  candidate  obtains  the  absolute  majority,  the  elec- 
tion is  recommenced,  limited  to  the  two  candidates  having  obtained 
the  largest  number  of  votes ;  in  case  of  tie,  lot  decides. 

Art.  58.  Every  candidate  elected  in  two  or  more  districts  must 
choose  before  the  Skupshtina.  In  the  other  districts,  where  he  had 
been  elected,  they  proceed  to  a  new  election  not  later  than  within  a 
month. 

Art.  59.  In  case  of  invalidation,  of  resignation,  or  of  deaths  com- 
plementary elections  must  be  held,  not  later  than  a  month  from  the 
day  when  the  seat  became  vacant. 

Art.  60.  Each  deputy  represents  the  entire  nation  and  not  solely 
his  electors. 

Thus  the  electors  can  not  give  an  imperative  mandate  ta  the  deputy, 
to  whom  his  experience  and  his  conscience  must  alone  dictate  his 
acts  and  his  orders. 

Art.  61.  In  its  first  meeting,  under  the  presidency  of  the  oldest 
member,  the  Skupshtina  is  divided  by  drawing  lots  into  committees 
which  shall  each  elect  a  member  to  serve  on  the  commission  charged 
with  the  verification  of  the  mandates  of  the  deputies. 

Art.  62.  Only  the  National  Skupshtina  verifies  the  mandates  of  its 
members,  and  validates  or  invalidates  them. 

Art.  63.  All  deputies,  on  entering  upon  office,  take  the  following 

[oath : 
1 

I  swear  before  the  only  God  to  be  faithful  to  the  Prince  Hospodar,  to  defend 
faithfully  the  Constitution  and  to  have  in  view  in  the  exercise  of  my  functions 
only  the  prosperity  of  the  Prince  Hospodar  and  of  the  country.  May  God  aid 
ine  then  in  this  world  and  in  the  other. 

Art.  64.  The  National  Skupshtina,  every  time  it  is  convoked, 
hooses  among  its  members  and  by  secret  vote  a  president,  a  vice- 
president  and  two  secretaries. 

Art.  65.  The  Prince  Hospodar  opens  and  closes  the  National 
Skupshtina.  He  can  inaugurate  it  personally  by  a  discourse  from  the 
:hrone,  or  through  the  medium  of  the  Council  of  Ministers  by  a  mes- 
sage or  by  a  ukase. 

■ 


414  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  66.  The  Prince  Hospodar  can  adjourn  the  National  Skup- 
shtina  which  has  been  convoked,  but  for  a  period  not  exceeding  more 
than  three  months ;  he  can  also  dissolve  it  and  cause  new  elections  to 
be  held. 

The  new  elections  must  take  place  at  the  latest  within  a  period  of 
four  months  and  the  new  Skupshtina  must  be  convoked  at  the  latest 
six  months  after  the  dissolution.    ' 

Art.  67.  The  National  Skupshtina  responds  by  an  address  to  the 
discourse  from  the  throne  by  which  the  Prince  Hospodar  inaugurates 
the  session. 

Art.  68.  The  meetings  of  the  Skupshtina  are  held  publicly  or 
with  closed  doors.  The  doors  must  be  closed  on  request  of  the  Presi- 
dent of  the  Skupshtina,  of  the  government,  or  of  ten  deputies. 

Art.  69.  The  Skupshtina  can  deliberate  or  debate  only  if  more 
than  half  of  all  the  deputies  are  present  at  the  meeting-  Its  decisions 
to  be  valid,  must  be  adopted  by  the  absolute  majority  of  the  votes 
cast. 

Art.  70.  The  vote  of  the  Skupshtina  is  by  roll-call  and  by  stand- 
ing and  sitting,  exception  being  made  for  the  cases  provided  by 
Articles  29  and  64  of  the  Constitution. 

Part  III. — The  Competence  of  the  National  Assembly. 

Art.  71.  The  legislative  power  is  exercised  by  the  Skupshtina  and 
the  Prince  Hospodar. 

Art.  72.  Within  the  competence  of  the  National  Skupshtina  are 
all  questions  reserved  to  it  by  the  Constitution,  and  those  which  the 
Prince  submits  to  it  by  special  right  through  the  intermediary  of  the 
government. 

Art.  73.  No  law  can  be  promulgated  or  abrogated  or  modified  or 
considered  as  obligatory  without  the  consent  of  the  National 
Skupshtina. 

Art.  74.  Orders  relative  to  putting  in  force  laws,  even  those  which 
the  Prince  Hospodar  promulgates  by  virtue  of  his  supreme  right  of 
sovereignty  and  control,  are  given  by  the  executive  power. 

The  approval  of  the  Skupshtina  must  be  mentioned  in  each  decree 
of  promulgation  of  law.  Decrees  for  putting  laws  in  force  must 
make  mention  .of  the  law  from  which  they  are  derived. 

Art.  75.  If  in  the  interval  between  parliamentary  sessions  the 
security  of  the  State  should  be  menaced  by  external  or  internal 
dangers,  the  Prince  Hospodar  would  have  the  right  to  take,  on  the 
proposal  of  the  Council  of  Ministers,  all  the  measures  necessary  for 
the  safeguarding  of  the  country ;  his  decisions  shall  have  the  force  of 
law.  These  laws  extraordinarily  promulgated  should  be  not^ified  to 
the  Skupshtina  at  its  first  meeting. 


MONTENEGRO.  415 

Art.  76.  The  laws  and  decrees  promulgated  by  the  Prince  Hos- 
podar  in  virtue  of  Articles  74  and  75  of  the  present  Constitution  are 
equally  obligatory  for  all  the  citizens  and  for  all  the  authorities. 

Art.  77.  No  impost  or  contribution,  direct  or  indirect,  can,  in  any 
case,  be  established  or  notified  ^vith()ut  tlio  n]^prf)v;il  of  the  Skup- 
shtina. 

Art.  78.  The  government  can  make  to  the  Skupshtina  and  the 
Skupshtina  can  make  to  the  government  any  proposition  relative  to 
the  creation  of  a  new  law,  or  to  the  modification  or  the  completion 
or  the  interpretation  of  an  already  existing  law,  but  definitive 
projects  can  be  presented  only  by  the  government.  The  government 
only  can  submit  to  the  Skupshtina  the  proposal  to  grant  a  gift,  a 
recompense,  or  a  subvention. 

Art.  79.  The  ministers  have  the  right  to  be  present  at  the  sessions 
of  the  Skupshtina.  They  can  take  part  in  all  the  discussions  of  the 
order  of  the  day,  have  the  floor  at  their  request,  and  possess  the  right 
to  speak,  in  the  last  resort,  after  the  close  of  the  discussion. 

Art.  80.  The  Prince  Hospodar  can  delegate,  on  the  proposal  of  a 
minister,  commissioners  of  the  government,  who  shall  be  able  to  in- 
tervene in  the  discussions  of  the  National  Skupshtina,  whether  in- 
stead of  said  minister  or  with  him,  and  give  the  Skupshtina  the 
explanations  which  it  may  demand. 

These  commissioners  enjoy  in  the  case  the  same  rights  as  the 
ministers. 

Art.  81.  Neither  the  ministers  nor  the  commissioners  have  the 
right  to  vote  if  they  are  not  deputies. 

Art.  82.  The  Skupshtina  is  obliged  to  deliberate  at  first  on  the 
projects  submitted  by  the  government  and  in  the  first  place  the 
budget. 

The  government,  on  its  side,  shall  study,  as  soon  as  possible,  the 
proposals  which  the  Skupshtina  shall  have  indicated  to  it  as  urgent. 

Art  83.  Every  proposition  emanating  from  the  government  or 
from  the  deputies,  and,  in  general,  every  project,  before  being  brought 
into  discussion  must  be  referred  to  one  of  the  parliamentary  com- 
mittees. 

Art.  84.  The  conmiittees  are  required,  before  submitting  their 
report  to  the  Skupshtina,  to  hear  the  observations  of  the  minister  or 
the  commissioner  of  the  government. 

Art.  85.  The  government  is  always  obliged  to  furnish  to  the  com- 
mittees on  their  request,  the  necessary  explanations. 

Art.  86.  The  Skupshtina  has  the  right  to  invite,  of  itself,  the  min- 
isters or  their  commissioners  to  give  it  the  necessary  explanations. 
The  latter  are  required  to  give  them  in  all  cases,  except  those  wliere 
this  communication  would  be  harmful  to  the  interests  of  the  country, 


416  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

concerns  a  secret  of  State,  or  would  by  its  premature  divulgence  be 
prejudicial  to  the  interests  of  Montenegro. 

Art.  87.  The  government  can  withdraw  a  bill  submitted  to  th( 
Skupshtina  so  long  as  the  latter  has  not  definitely  voted  it. 

Art.  88.  If  the  Skupshtina  passes  a  bill,  adding  thereto  amend- 
ments or  additions  rejected  by  the  government,  the  latter  can  either 
Avithdraw  it  completely  or  reintroduce  it  in  the  same  Skupshtina, 
either  modifying  the  reasons  or  changing  the  bill  itself. 

Art.  89.  If  the  Skupshtina  rejects  a  bill,  the  government  can  submit 
it  to  the  same  Skupshtina  after  having  modified  it,  or  wait  for  the 
opportunity  to  present  it  to  the  next  Skupshtina  in  its  primary  form. 

Art.  90.  The  Skupshtina  can  not  make  the  vote  on  the  budget  de- 
pend on  any  question  not  having  correlation  with  it. 

Art.  91.  The  Skupshtina  submits  the  budget  when  it  has  passed 
it  for  the  approval  of  the  Prince  Hospodar. 

If  the  National  Skupshtina  estimates  that  the  sums  asked  for  in 
the  budget  are  susceptible  of  being  diminished  or  suppressed,  it  shall 
state  the  grounds  for  its  proposal,  enumerating  the  chapters  in  w^hich 
economies  are  possible  without  injuring  the  interests  of  the  State. 

Art,  92.  The  government  shall  examine,  in  detail,  the  propositions 
which  the  Skupshtina  shall  submit  to  it  by  virtue  of  Article  91  and 
take  account  of  them  so  far  as  possible  unless  that  action  could  injure 
the  interests  of  the  State. 

If  the  amendments  proposed  by  the  Skupshtina  are  not  agreed  to 
by  the  government  and  if  the  explanations  of  the  government  do  not, 
on  the  other  hand,  satisfy  the  Skupshtina,  the  budget  of  the  preced- 
ing year  is  applicable  for  the  current  year  the  same  as  if  the  Skupsh- 
tina is  adjourned  before  passing  the  budget.  In  this  case,  the  Prince 
Hospodar  shall  promulgate  an  ordinance,  countersigned  by  all  the 
ministers,  which  shall  have  the  force  of  law. 

Art.  93.  The  State  can  not  contract  a  loan  without  the  consent 
of  the  Skupshtina. 

If  extraordinary  and  urgent  circumstances  necessitate  the  issuing 
of  a  loan,  the  Skupshtina  must  be  convoked  in  extraordinary  session. 
If  circumstances  do  not  permit  the  convoking  of  the  Shupshtina  in 
extraordinary  session,  the  Prince  Hospodar  can,  on  the  proposal  of 
the  Council  of  Ministers  and  in  agreement  with  the  Council  of  State 
contract  a  State  loan  to  the  amount  of  200,000  crowns.  By  the 
same  procedure,  the  Prince  Hospodar  can,  in  case  of  urgency,  or- 
der the  treasury  to  make  payment,  not  provided  constitutionally,  to 
the  amount  of  50,000  crowns. 

In  the  two  cases  the  government  shall  notify  the  statement  of  these 
acts  to  the  Skupshtina  at  the  first  ordinary  session  and  inform  it  of 
the  reasons  which  have  dictated  its  conduct. 


MONTENEGRO.  417 

Art.  94.  Each  decision  of  the  National  Skupshtina  must  be  sanc- 
tioned by  the  Prince  Hospodar  and  as  far  as  possible  in  the  same 
session. 

Art.  95.  The  Skupshtina  has  the  right  to  make  inquiries  on  the 
subject  of  electoral  and  purely  administrative  questions. 

Art.  96.  The  Skupshtina  can  receive  written  complaints  relative 
to  affairs  already  regulated  by  the  competent  ministers  but  it  can 
not  accord  an  audience  to  the  complainants. 

The  Skupshtina  admits  only  written  petitions. 

Art.  97.  The  deputy  is  not  answerable  for  what  concerns  his  par- 
ticipation in  the  work  of  the  Skupshtin^.  No  accounting  can,  at  any 
time,  be  demanded  of  him  on  the  subject  of  the  votes  he  has  cast  in 
the  Skupshtina. 

If  a  deputy  offends,  in  his  discourse  to  the  Skupshtina,  one  or  more 
of  its  members,  the  president  has  the  right  and  the  duty  of  suspend- 
ing the  sitting  for  half  a  day.  In  the  following  meeting  the 
president  shall  propose  to  the  Skupshtina  the  temporary  exclusion 
of  the  offender. 

If  a  deputy  employs  in  the  Skupshtina  expressions  containing, 
against  anyone  whatever,  offenses  considered  by  the  penal  code  as 
being  misdemeanors  or  transgressions,  the  deputy  can  be  denoimced 
to  the  competent  tribunal,  but  on  the  authorization  of  the  Skupshtina. 

Art.  98.  During  the  continuance  of  the  session  and  the  five  days 
preceding,  the  deputies  can  neither  be  imprisoned  nor  handed  over 
to  the  tribunals. 

Art.  99.  No  authority  can  in  the  course  of  the  parliamentary  session 
summon  a  deputy  nor  imprison  him  if  the  Skupshtina  does  not 
authorize  an  inquiry  against  him.  Exception  is  made  for  one  taken 
in  flagrante  delicto  in  crime. 

Art.  100.  If  a  deputy  is  taken  in  flagrante  delicto  in  crime  in  the 
course  of  the  parliamentary  session,  he  can  be  arrested,  but  it  is  neces- 
sary to  inform  the  Skupshtina  immediately,  and  no  action  can  be 
brought  against  the  delinquent  before  the  Skupshtina  has  decided 
whether  there  is  occasion  to  proceed  against  him. 

Art.  101.  The  deputies  can  meet  in  a  sitting  of  the  Skupshtina 
only  on  the  invitation  of  the  Prince  Hospodar.  They  can  not  con- 
tinue their  discussions  when  the  meetings  are  broken  up  or  adjourned, 
or  when  the  Skupshtina  has  been  dissolved. 

Art.  102.  The  deputies  who  do  not  reside  in  the  city  where  the 
Skupshtina  is  convoked  receive  from  the  treasury  of  the  State  travel- 
ing expenses  and  a  daily  compensation  provided  by  a  special  law. 

Art.  103.  A  special  law  shall  regulate  the  labors  of  the  Skupshtina. 


418  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Part  IV. — The  Ministers. 

Art.  104.  The  Prince  Hospodar  appoints  and  recalls  the  ministers. 

Art.  105.  The  Council  of  Ministers  presides  over  the  administra- 
tion of  the  State.    It  is  subject  directly  to  the  Prince  Hospodar. 

Art.  106.  The  Council  of  Ministers  is  composed  of  the  ministers 
appointed  for  the  different  branches  of  the  administration  of  the 
State.  The  Prince  Hospodar  chooses  one  from  among  these  latter 
as  President  of  the  Council. 

Art.  107.  The  ministers  swear  before  the  Prince  Hospodar  to  be 
faithful  to  him  and  to  observe  conscientiously  the  Constitution  and 
the  laws  of  the  country. 

Art.  108.  The  ministers  are  responsible  for  their  official  acts 
before  the  Hospodar  and  the  National  Skupshtina.  Every  official 
act  signed  by  the  Prince  Hospodar  must  be  countersigned  by  the 
competent  minister. 

Art.  109.  Only  a  Montenegrin  citizen  can  be  minister. 

Art.  110.  Ministers  who  have  resigned  can  be  kept  at  the  disposal 
of  the  Prince  Hospodar  for  a  year  at  the  utmost ;  if,  at  the  expira- 
tion of  this  period  they  no  longer  accept  the  post  which  they  occu- 
pied before  being  appointed  ministers,  or  an  analogous  situation, 
they  can  be  retired,  after  having  completed  in  the  service  of  the 
State,  the  minimum  of  years  prescribed  by  the  law  on  civil  func- 
tionaries. 

The  resigned  ministers,  who,  before  being  ministers,  had  not  beei 
in  the  service  of  the  State,  can  obtain  a  situation  yielding  a  salary 
of  4,000  crowns.  If  a  post  of  this  importance  is  not  vacant,  the] 
shall  have  a  right  to  a  pension  corresponding  to  the  said  situatioi 
on  condition  that  they  have  been  ministers  the  minimum  of  yeai 
prescribed  by  the  law  on  civil  functionaries. 

Art.  111.  a  minister  can  be  impeached : 

1.  If  he  commits  an  act  of  treason  against  the  country  or  thi 
sovereign. 

2.  If  he  violates  the  Constitution. 

3.  If  he  lets  himself  be  suborned. 

4.  If,  through  cupidity,  he  causes  damages  to  the  State. 

5.  If  he  violates  the  laws  in  the  cases  specified  in  the  law  oi 
ministerial  responsibility. 

Art.  112.  Ministers  can  be  impeached  by  the  Prince  Hospodai 
and  by  the  Skupshtina. 

The  proposal  to  impeach  a  minister  must  be  w^ritten  and  contaii 
the  counts  of  the  indictment.    If  it  is  the  Prince  Hospodar  who  ac-j 
cuses  the  minister,  the  President  of  the  Council  of  Ministers  sul 
mits  the  act  of  accusation  to  the  Skupshtina ;  if  it  is  the  Skupshtinj 


MONTENEGRO.  419 

which  is  accuser,  the  act  of  accusation  must  be  signed  by  a  third  at 
least  of  the  deputies. 

Art.  113.  The  right  to  make  complaint  against  a  minister  lasts 
five  years,  starting  from  the  day  when  he  has  committed  the  act 
with  which  he  is  reproached. 

Art.  114.  Two  thirds  of  all  the  deputies  present  at  the  Skupshtina 
are  necessary  to  impeach  a  minister. 

Art.  115.  The  minister  impeached  is  tried  by  a  tribunal  composed 
of  the  members  of  the  Council  of  State  and  of  the  Supreme  Tribunal. 

Art.  116.  The  Prince  Hospodar  can  not  pardon  a  condemned  min- 
ister, nor  suspend  an  examination  begun,  except  on  the  proposal  of 
the  Skupshtina. 

Art.  117.  A  special  law  shall  fix  the  different  cases  of  ministerial 
responsibility,  the  penalties  applicable  to  their  offenses,  and  the  pro- 
cedure. 

Part  V. — The  Council  of  State. 

Art.  118.  The  Council  of  State  is  composed  of  six  members. 

The  members  of  the  Council  of  State  are  appointed  by  the  Prince 
Hospodar,  who  also  names  its  President.  The  latter  remains  in 
charge  so  long  as  the  Prince  Hospodar  does  not  replace  him. 

Art.  119.  The  councillors  of  State  must  be  Montenegrin  subjects, 
be  35  years  of  age,  have  followed  a  regular  course  of  studies  in  a 
foreign  faculty  or  a  special  superior  school  equivalent  to  a  faculty, 
and  have  passed  ten  years  in  the  service  of  the  State,  unless  they 
have  been  ministers. 

Art.  120.  The  Council  of  State  has  the  following  functions: 

1.  To  study  the  bills  which  the  government  submits  to  the 
Skupshtina  and  to  give  its  advice. 

2.  To  give  the  government  its  appreciation  on  the  matters  which 
it  submits  to  it. 

3.  To  deliberate  on  the  complaints  against  ministerial  decisions 
in  administrative  questions  in  dispute. 

The  decisions  of  the  Council  of  State  are  obligatory  for  the 
ministers. 

4.  To  settle  conflicts  between  the  different  administrative  au- 
thorities and  between  the  administrative  and  judicial  authorities. 

5.  To  judge  functionaries  of  State  in  the  capacity  of  a  dis- 
ciplinary tribunal. 

6.  To  approve  partial  payments  effected  on  a  general  credit  fixed 
by  the  budget  for  an  extraordinary  need  as  well  as  the  transfers 
made  to  provide  for  the  public  works. 

7.  To  approve  the  naturalization  of  a  foreigner  in  exceptional 
cases. 


420  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

8.  To  approve  arrangements  made  between  the  State  and  indi- 
viduals which  would  be  considered  useful  to  the  State. 

9.  To  approve  State  loans  and  extraordinary  credits  in  the 
cases  specified  in  Article  93  of  the  present  Constitution. 

10.  To  deliberate  on  complaints  given  out  against  decrees  which 
violate  the  rights  of  individuals  guaranteed  by  the  law.     If  the 
decree  injures  an  interest  of  the  State,  materially  in  favor  of  indi- 
viduals, the  Control  General  of  the  State  has  the  right  to  lodge  a^ 
complaint  before  the  Council  of  State  in  the  name  of  the  State. 

11.  To  deliberate  on  protests  against  ministerial  decisions  in 
questions  where  the  minister  is  not  competent  or  exceeds  his  com- 
petence. 

12.  To  decide  on  the  sale  of  real  estate  belonging  to  the  depart- 
ments, to  the  arrondissements  and  to  the  communes. 

13.  To  decide  on  the  abandonment  of  irrecoverable  credits. 

14.  To  demand  from  the  Control  General  of  the  State  reports 
on  the  accounts  of  the  State. 

15.  To  decide  on  protests  against  the  decisions  of  the  Control 
General  of  the  State. 

16.  To  execute  the  affairs  which  are  reserved  to  it  according 
to  the  laws. 

Art.  121.  A  special  law  shall  regulate  the  labors  of  the  Council 
of  State. 

Part  VI. — The  Army. 

Art.  122.  Every  Montenegrin  subject  is  subject  to  military  service. 

Art.  123.  A  special  law  establishes  the  age  at  which  one  owes  mil- 
itary service,  the  manner  of  serving,  and  the  exemptions  as  well  as 
the  grades  existing  in  the  army  and  the  manner  of  gaining  and  of  los- 
ing the  said  grades. 

Art.  124.  A  special  law  establishes  the  organization  of  the  army  _ 
whose  formation  is  fixed  by  the  Prince  Hospodar  by  a  regulation. 

Art.  125.  The  Prince  Hospodar  establishes  by  regulation  instruc- 
tions on  military  discipline  and  disciplinary  punishments. 

Art.  126.  The  soldiers,  non-commissioned  officers  and  officers  in 
active  service  are,  during  their  presence  with  the  colors,  judged  by, 
the  military  tribunals,  but  only  for  penal  actions. 

Art.  127.  A  special  law  shall  establish  the  composition,  the  or- 
ganization and  the  competence  of  the  milita^ry  tribunals. 

Part  VII. — ^The  Church,  Schools  and  Benevolent  Institutions. 

Art.  128.  All  the  religious  confessions  recognized  by  the  State 
have  the  right  to  exercise  their  cult  freely  and  publicly. 


MONTENEGRO.  421 

Art.  129.  The  internal  administration  of  the  Eastern  Orthodox 
Church  belongs  either  to  the  Montenegrin  Metropolitan  or  to  the 
Episcopal  Synod. 

The  administration  of  the  internal  ecclesiastical  affairs  of  the 
Catholic  Church  belongs  to  the  archbishopric  of  Antivari. 

The  internal  administration  of  the  Mussulman  religious  confession 
belongs  to  the  Montenegrin  Mufti. 

Art.  130.  The  spiritual  authorities  of  all  the  religious  confessions 
recognized  by  the  State  are  subject  to  the  surveillance  of  the  Minis- 
ter of  Instruction  and  of  Cults. 

Art.  131.  The  organization  of  the  ecclesiastical  authorities  and  of 
the  theological  faculty  of  the  Eastern  Orthodox  Church  is  estab- 
lished by  a  law  on  the  basis  of  an  agreement  between  the  Minister 
of  Instruction  and  the  Episcopal  Synod. 

Art.  132.  The  ecclesiastical  authorities  try  the  clergy  for  offenses 
which  they  commit  in  the  exercise  of  their  sacerdotal  functions  ex- 
cept for  crimes  arising  from  the  penal  code. 

Art.  133.  Religious  persons  and  ecclesiastical  institutions  are  sub- 
ject to  the  laws  of  the  country  in  what  concerns  their  civil  relations 
and  their  property ;  for  what  concerns  the  internal  organization  and 
administration  they  must  abide  by  a  regulation  which  the  govern- 
ment must  approve. 

Art.  134.  Protests  against  abuses  by  the  spiritual  authorities  of  all 
the  religious  confessions  recognized  by  the  State  must  be  presented 
to  the  Minister  of  Instruction  and  of  Cults. 

Art.  135.  The  correspondence  of  the  spiritual  authorities  of  the 
Eastern  Orthodox  Church  with  foreign  ecclesiastical  authorities 
and  synods  must  be  authorized  by  the  Minister  of  Instruction  and 
of  Cults. 

The  correspondence  of  other  religious  confessions  with  foreign 
spiritual  authorities  must  be  submitted  for  the  approval  of  the  Min- 
ister of  Instruction  and  of  Cults. 

Art.  136.  Every  act  directed  against  the  Eastern  Orthodox  Church 
(proselytism)  is  forbidden. 

Art.  137.  No  spiritual  authority  can  publish  and  execute,  in 
Montenegro,  the  official  acts  and  orders  of  foreign  spiritual  authori- 
ties, councils  and  synods  without  the  authorization  of  the  Minister 
of  Public  Instruction  and  of  Cults. 

Art.  138.  Primary  instruction  is  obligatory  and  gratuitous  in  the 
public  schools. 

Art.  139.  All  public  and  private  schools,  all  literary  and  scientific 
societies  and  other  scientific  institutes  are  subject  to  the  surveillance 
of  the  Minister  of  Public  Instruction  and  of  Cults. 

Art.  140.  Institutions  of  charity  and  of  works  having  an  ec- 
clesiastic or  scientific  object,  founded  by  individuals,  must  be  ap- 


422  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

proved  by  the  authorities.  Their  property  and  their  endowments 
can  not  be  considered  as  property  of  the  State,  and  can  not  be 
destined  for  other  objects  than  those  for  which  they  have  been  es- 
tablished. 

Art.  141.  The  clergy  of  the  Eastern  Orthodox  Church  has  its 
own  fund  founded  by  previous  withdrawals  from  salaries  and  from 
which  it  receives  its  retirement  conformably  to  the  existing  law. 

Part  VIII. — The  Judicial  Authority. 

Art.  142.  The  judges  are  independent.  Justice  is  exercised  in 
the  name  of  the  Prince  Hospodar. 

Art.  143.  There  exist  tribunals  of  arrondissement,  of  department, 
and  the  Supreme  Tribunal. 

Art.  144.  In  the  cities  designated  by  law  the  arrondissement 
judicial  authority  of  first  instance  is  exercised  by  the  communal 
tribunals. 

Art.  145.  All  judges  are  appointed  by  the  Prince  Hospodar. 

They  can  not  be  transferred,  dismissed,  or  retired,  except  by 
virtue  of  the  law  relative  to  magistrates. 

Art.  146.  The  tribunals  judge  and  render  their  decisions  conform- 
ably to  the  laws  of  the  country. 

Art.  147.  The  law  has  no  retroactive  effect  to  the  detriment  of 
rights  acquired  by  preceding  laws. 

Art.  148.  A  tribunal  or  a  judicial  authority  can  not  be  established 
except  by  virtue  of  a  law. 

Art.  149.  No  tribunal  can  enter  any  action  whatever,  if  it  is  incom- 
petent. 

Art.  150.  The  trials  are  public,  exception  being  made  for  the 
case  where  the  court  shall  find  it  necessary  to  proclaim  closed  doors 
on  account  of  moral  or  public  order. 

Art.  151.  Each  sentence  or  decision  must  have  the  grounds  stated 
from  the  provisions  of  the  law  on  which  it  is  based. 

Art.  152.  Every  accused  person  must  have  counsel  from  the 
moment  when  he  has  been  put  in  accusation.  If  he  does  not  choose 
counsel  for  himself,  the  tribunal  shall  appoint  one  officially  for  him. 

Art.  153.  Blood  relatives  in  direct  line  to  any  degree  whatever,  in 
lateral  line  to  the  fourth  generation  (eight  degrees),  and  by  mar- 
riage to  the  second  generation  (four  degrees),  can  not  serve  at  the 
same  time  in  the  same  tribunal  or  judge  in  the  same  affair. 

Art.  154.  He  only  can  be  judge  who  is  a  Montenegrin  subject  am 
who  has  finished  regularly  his  studies  in  a  faculty  of  law,  not 
mention  other  conditions  desired  by  the  law. 

To  be  judge  in  a  departmental  tribunal,  it  is  necessary  to  be  2j 
years  old  and  to  have  served  two  years  in  the  judicial  administn 


MONTENEGRO.  423 

tion ;  to  form  part  of  the  Supreme  Tribunal,  one  must  be  30  years 
old.  To  be  president  of  a  departmental  tribunal,  it  is  necessary  to 
have  served  at  least  four  years  as  a  judge  of  a  departmental  tribunal 
or  as  secretary  to  the  Minister  of  Justice  or  of  the  Supreme  Tribunal. 
To  be  president  and  member  of  the  Supreme  Tribunal,  it  is  necessary 
to  have  served  at  least  six  years  as  a  judge  of  a  departmental 
tribunal. 

Part  IX. — The  Finances  of  the  State. 

Art.  155.  Each  Montenegrin  subject  owes  to  the  State  imposts  and 
taxes,  which  are  paid  in  proportion  to  the  wealth. 

Art.  156.  The  Prince  Hospodar  and  the  members  of  the  reigning 
house  pay  neither  impost  nor  taxes. 

Art.  157.  No  one  can  be  exempted  from  paying  imposts  and  taxes 
except  in  the  cases  provided  by  the  law. 

Art.  158.  The  Skupshtina  approves  the  budget  every  year,  which  is 
valid  only  for  one  year. 

Art.  159.  The  budget  must  be  submitted  to  the  Skupshtina  at  the 
beginning  of  the  session.  At  the  same  time  the  balance  sheet  of  the 
preceding  year  must  be  presented  to  the  Skupshtina. 

Art.  160.  All  the  revenues  and  expenditures  must  be  registered  in 
the  final  budget. 

Art.  161.  If  the  Skupshtina  has  not  been  able  to  approve  the  new 
budget  before  the  commencement  of  the  budgetary  year,  it  shall 
prolong  temporarily  the  budget  of  the  year  just  past  until  the  new 
budget  is  voted. 

Art.  162.  If  the  Skupshtina  is  dissolved  or  adjourned  before  it  has 
passed  the  budget,  the  budget  of  the  current  year  is  likewise  valid  for 
the  following  year. 

Part  X. — The  Property  of  the  State. 

Art.  163.  The  property  of  the  State  consists  of  all  the  real  estate 
and  personal  property  and  all  the  property  rights  which  the  State 
acquires  and  preserves. 

Art.  164.  The  property  of  the  State  can  not  be  alienated,  pledged, 
or  hypothecated  except  with  the  consent  of  the  Skupshtina. 

Art.  165.  The  right  of  monopoly  belongs  to  the  State.  It  can 
transfer  this  right  to  others,  but  only  for  a  period  determined  by  the 
laws. 

Art.  166.  Mines  are  the  property  of  the  State  in  a  proportion  es- 
tablished by  the  laws. 

Art.  167.  Concessions,  of  any  kind  whatever,  can  be  granted  only 
for  a  determined  period  and  by  a  special  law. 


424  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

Art.  168.  The  property  of  the  State  is  administered  by  the  Min- 
ister of  Finance,  conformably  to  the  provisions  of  the  laws. 

Art.  169.  The  property  of  the  State  must  be  distinguished  from 
the  private  property  of  the  Prince  Hospodar.  The  Prince  Hospodar 
disposes  freely  of  his  property  during  his  life  and  at  his  death. 
Sentence  2  of  Article  2  of  the  present  Constitution  is  not  applicable 
to  the  property  of  the  Prince  Hospodar. 

Part  XL — The  Control  General  of  the  State. 

Art.  170.  The  Control  General  of  the  State  is  established  for  the 
review  of  the  accounts.  It  constitutes  a  special  authority  and  a 
Court  of  Accounts.  ^» 

Art.  171.  The  Control  General  of  the  State  has  a  president  and 
two  members. 

The  president  and  the  members  of  the  Control  General  of  the  State 
are  chosen  by  the  Assembly  among  the  candidates  which  the  Council 
of  State  proposes  to  it  in  double  number  of  posts  vacant. 

Art.  172.  To  be  president  or  member  of  the  Control  General  of 
the  State  it  is  necessary  to  be  a  Montenegrin  subject,  be  30  years  of 
age,  have  pursued  a  regular  course  of  studies  in  a  faculty  or  in  a 
special  superior  school  equivalent  to  a  faculty  and  have  passed  ten 
years  in  the  service  of  the  State  or  have  been  Minister  of  Finance; 
or  else,  have  served  as  a  superior  functionary  in  the  financial  admin- 
istration and  have  had  at  least  ten  years  of  service.  But  the  presi- 
dent or  one  of  the  members  of  the  Control  must  have  completed 
regularly  his  studies  in  a  faculty  of  law. 

Art.  173.  The  Control  General  of  the  State  examines,  corrects 
and  liquidates  the  accounts  of  the  administration  of  the  State  and 
of  all  those  who  have  accounts  to  render  to  the  treasury  of  the  State. 

It  watches  to  see  that  the  credits  made  by  the  budget  are  not  ex- 
ceeded; it  closes  the  accounts  of  all  the  administrations  of  the  State 
and  is  required  to  obtain  all  the  vouchers  and  necessary  informations. 

Art.  174.  The  general  budget  of  the  State  is  submitted  to  the 
Skupshtina  with  the  observations  of  the  Control  General  of  the 
State,  at  the  latest,  two  years  after  the  end  of  each  budgetary  year. 

Art.  175.  A  special  law  regulates  the  organization  and  the  compe- 
tence of  the  Control  General  of  the  State,  as  well  as  the  formation 
of  its  personnel. 

Part  XII. — Communes  and  Judicial  Persons. 

Art.  176.  Communes  have  their  autonomy  conformably  to  the 
provisions  of  the  laws. 


MONTENEGRO.  425 

Art.  ITT.  To  {ulniinii-tor  the  affairs  of  communes,  there  are:  the 
communal  tribunal,  the  communal  commission  and  the  communal 
council. 

Art.  its.  Communal  elections  are  direct. 

Art.  ITO.  Every  Montenegrin  subject  of  age  paying  imposts  or 
taxes  has  the  right  to  vote  at  communal  elections. 

Art.  180.  Communal  authorities,  outside  of  communal  affairs,  aro 
obliged  to  occupy  themselves  with  affairs  which  the  law  attributes 
to  them  concerning  the  State. 

Art.  181.  Every  citizen  and  all  real  property  must  belong  to  a 
conuuune  and  support  all  communal  charges. 

Art.  182.  The  commune  can  not  establish  any  impost  without  the 
approval  of  the  communal  council. 

Art.  183.  The  commune  can  not  contract  a  loan  without  the 
authorization  of  the  communal  council. 

Art.  184.  A  law  establishes  in  what  cases  the  approval  of  the 
legislative  power  or  of  the  government  is  necessary  to  create  an  im- 
post or  contract  a  loan. 

Art.  185.  The  departments,  arrondisements  and  communes  can 
possess  property.' 

Art.  186.  A  new  commune  can  not  be  created  nor  the  limits  of 
communes  already  existing  be  modified  without  the  approval  of  the 
legislative  power. 

Art.  18T.  No  juridical  person  can  exist  without  the  approval  of 
the  State. 

Art.  188.  Juridical  persons  can  possess  property  which  must  sup- 
port the  charges  of  the  State  and  of  the  communes. 

Art.  189.  A  special  law  regulates  the  organization  and  the  com- 
petence of  the  communal  authorities  and  the  relations  existing  be- 
tween them  and  the  authorities  of  the  State. 

Part  XIII. — The  Service  of  the  State. 

Art.  190.  All  Montenegrin  subjects  have  the  same  rights  to  all  the 
employments  in  all  the  branches  of  the  service  of  the  State,  provided 
they  satisfy  the  conditions  prescribed  by  the  Constitution  and  the 
laws. 

Foreign  subjects  can  not  be  accepted  in  the  service  of  the  State 
except  on  the  basis  of  a  contract. 

Art.  191.  For  the  nomination  and  the  advancement  of  function- 
aries, their  conduct,  their  aptitudes  and  their  knowledge  must  be 
taken  into  consideration. 

Art.  192.  Every  functionary  is  responsible  for  his  official  acts. 
88381—19 28 


426  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  193.  Functionaries,  at  the  time  of  entering  the  service  of  the 
State,  swear  to  be  faithful  and  obedient  to  the  Prince  Hospodar  and 
to  observe  conscientiously  the  Constitution  and  the  laws. 

Art,  194.  The  law  regulates  the  employments,  the  salaries  of  func- 
tionaries and  the  hierarchy  in  the  service  of  the  State. 

Art.  195.  Functionaries  have  the  right  to  retirement. 

The  law  establishes  on  Avhat  conditions  a  functionary  can  have  the 
right  to  retirement  and  to  be  retired. 

There  exists  a  special  fund,  formed  by  previous  deductions  from 
the  salaries  of  functionaries,  which  assures  the  pension  of  func- 
tionaries, their  widows  and  their  children. 

If  this  fund  is  insufficient,  the  treasury  shall  supply  the  deficit. 

Part  XIV. — The  Constitutional  Eights  or  Montenegrin 

Citizens. 

Art.  196.  All  Montenegrin  citizens  are  equal  before  the  law. 

Art.  197.  The  Constitution  guarantees  to  each  one  his  personal 
liberty. 

Art.  198.  No  suit  can  be  brought  against  any  one  whomsoever 
except  in  cases  j)rovided  by  the  law. 

Art.  199.  No  one  can  be  arrested  or  deprived  of  his  liberty  except 
in  the  cases  and  according  to  the  provisions  specified  by  the  law. 

Art.  200.  No  one  can  be  judged  without  having  been  heard  or  sum- 
moned by  legal  process  to  defend  himself. 

Art.  201.  No  one  can  be  judged  by  an  incompetent  tribunal. 

Art.  202.  Penalties  can  be  established  only  by  the  law  and  ap- 
plied only  for  acts  punishable  according  to  the  law. 

Art.  203.  Capital  punishment  for  crimes  purely  political  is  abol^ 
ished. 

Attempts  against  the  person  of  the  Prince  Hospodar  and  agaim 
the  members  of  the  reigning  house  are  excepted. 

Those  cases,  also,  are  excepted  where  the  purely  political  crimi 
is  accompanied  by  an  action  punishable,  according  to  law,  by  capij 
tal  punishment,  and  cases  punished  by  the  death  penalty  according 
to  military  law. 

Art.  204.  The  domicile  of  Montenegrin  citizens  is  inviolable. 

The  authorities  can  make  no  search  of  the  domicile  except  in  th^ 
cases  and  in  the  manner  provided  by  the  law. 

Art.  205.  The  penalty  of  confiscation  of  property  is  forbidden] 
only  those  objects  are  liable  to  seizure  which  are  the  product  of 
punishable  action,  have  served,  or  were  destined  to  perpetrate  thi 
punishable  act. 

Art.  206.  Property  of  whatever  character  is  inviolable. 


MONTENEGRO.  427 

Art.  207.  No  one  can  be  obliged  to  give  his  property  for  public 
needs;  the  right  of  property  can  be  limited  only  in  the  cases  per- 
mitted by  the  law  in  consideration  of  an  indemnity. 

Art.  208.  Liberty  of  conscience  is  unlimited. 

The  recognized  religious  confessions  are  free  and  protected  by  the 
law  in  so  far  as  the  exercise  of  their  cult  does  not  offend  public 
order  and  morals. 

Art.  209.  Every  Montenegrin  citizen  has  the  right,  within  the 
limits  of  the  law,  to  manifest  his  ideas  by  speech,  writing,  the  press, 
and  engraving. 

Art.  210.  The  press  is  free. 

Censorship,  warning  and  every  preventive  measure  capable  of 
preventing  the  issue,  sale  and  publication  of  writings  and  of  jour- 
nals are  forbidden  except  in  the  cases  provided  for  by  the  law  on 
the  press. 

Art.  211.  Epistolary  and  telegraphic  privacy  is  inviolable  except 
in  case  of  war  or  judicial  inquiry. 

Art.  212.  Citizens  have  the  right  to  assemble  in  peace  according 
to  the  law\ 

Art.  213.  Citizens  have  the  right  of  assembly  when  it  concerns 
objects  which  are  not  contrary  to  the  laws. 

Art.  214.  Citizens  have  the  right  to  protest  against  illegal  pro- 
cesses by  the  authorities. 

Art.  215.  Every  citizen  is  free  to  renounce  the  Montenegrin  nation- 
ality, after  having  performed  his  military  service  and  having  been 
acquitted  of  the  duties  which  he  may  have  towards  the  State  or  in- 
dividuals. 

Art.  216.  Foreigners  domiciled  on  Montenegrin  territory  enjoy  the 
protection  of  the  Montenegrin  laws  in  what  concerns  their  individ- 
uality and  their  property. 

They  are  obliged  to  support  the  communal  charges  and  those  of 
the  State  in  so  far  as  international  treaties  are  not  opposed  thereto. 

Art.  217.  Extradition  is  not  admitted  for  crimes  purely  political. 

Part  XV. — ^The  CoNSTrruTioN  of  the  State. 

Art.  218.  The  Constitution  can  not  be  suspended  either  partially 
Dr  as  a  whole. 

Art.  219.  The  proposal  to  modify,  complete,  or  interpret  the  Con- 
stitution can  be  made  only  by  the  Prince  Hospodar  or  the  Skupshtina. 

Such  a  proposal  must  cite  particularly  the  Articles  to  be  modified, 
completed,  or  interpreted. 

Art.  220.  In  order  that  a  proposal  of  modification,  completion,  or 
interpretation  of  the  Constitution  may  be  adopted,  it  must  be  passed 


428  COlil'STITUTIONS   OF   THE   STATES  AT  WAR. 

by  two  thirds  of  the  deputies  present  and  the  Skupshtina  must  take 
the  same  decision  in  two  regular  consecutive  sessions. 

Art.  221. — 1.  Up  to  the  presentation  of  the  bills  provided  in  the 
present  Constitution,  the  present  laws  remain  in  force,  so  far  as  they 
are  not  in  contradiction  with  the  provisions  of  the  present  Consti- 
tution. 

2.  The  princely  government  shall  prepare  on  the  basis  of  the 
present  Constitution  the  bills  most  necessary,  which,  discussed  by  the 
Council  of  State  and  approved  by  the  Prince  Hospodar,  shall  have 
the  force  of  provisional  laws,  until  the  Skupshtina  has  discussed  and 
passed  them  in  its  ordinary  sessions. 

3.  The  princely  government  shall  elaborate  first : 

(1)  A  bill  on  the  election  of  deputies  applicable  only  to  the 

election  for  the  first  parliamentary  period. 

(2)  A  bill  on  the  internal  regulation  of  the  Skupshtina. 

(3)  A  bill  on  ministerial  responsibility. 

These  three  projects,  submitted  to  the  discussion  of  the  Council  of 
State  and  sanctioned  by  the  Prince  Hospodar,  shall  enter  in  force 
provisionally  until  the  first  ordinary  session  of  the  Skupshtina. 

4.  The  Council  of  State  is  abolished  in  its  present  form,  and  the 
Prince  Hospodar  can  appoint  the  president  and  the  members  of  the 
Council  of  State  without  regard  to  the  provisions  of  the  present  Con- 
stitution. The  Council  of  State  thus  constituted  shall  exercise  the 
functions  provided  by  the  present  Constitution  at  the  latest  until 
the  end  of  the  second  ordinary  parliamentary  period.  Then  the 
nomination  of  the  president  and  the  members  of  the  Council  of 
State  shall  be  proceeded  with,  conformably  to  Articles  118  and  119 
of  the  present  Constitution. 

5.  The  Supreme  Tribunal  and  the  departmental  tribunals  shall  be 
completed,  in  case  of  need,  without  regard  to  the  provisions  of  the 
present  Constitution  at  the  latest  up  to  the  end  of  the  second  ordinaiy 
parliamentary  period.  After  this  period,  those  who  shall  not  have 
the  qualifications  provided  by  the  present  Constitution  shall  no 
longer  be  able  to  exercise  their  functions. 

6.  The  nomination  of  the  president  and  the  members  of  the  Control 
General  of  the  State  must  be  made  conformably  to  the  provisions  of 
the  pre^nt  Constitution,  before  the  end  of  the  second  parliamentary 
period  at  the  latest. 

7.  The  following  laws  shall  be  submitted  to  the  Skupshtina  in  its 
first  ordinary  session: 

The  law  on  the  budget  of  the  State. 
The  law  on  the  internal  regulation  of  the  Skupshtina. 
The  law  on  ministerial  responsibility. 

Others  absolutely  necessary  for  the  entrance  into  force  of  the 
present  Constitution. 

I 


MONTENEGRO.  429 

Art.  222.  The  present  Constitution  enters  into  force  on  6/19 
December  1905.^ 

LAW  OF  28  AUGUST  1910  PROCLAIMING  PRINCE  NICHOLAS  KING.^ 

Article  1.  The  Principality  of  Montenegro  is  proclaimed  King- 
dom of  Montenegro. 

Art.  2.  Prince  Nicholas  I  Petrovitch  Niegosch  is  proclaimed,  by 
the  gi'ace  of  God,  Hereditary  King  of  Montenegro.  The  King  and 
Queen  shall  have  the  title  of  "  Majesty." 

Art.  3.  The  Hereditary  Prince  Danilo  is  proclaimed  the  heir  to  the 
throne  of  Montenegro.  The  Hereditary  Prince,  the  Hereditary 
Princess  and  their  children  shall  have  the  title  of  "  Royal  Highness." 

Art.  4.  All  the  other  children,  male  or  female,  of  their  Majesties 
shall  receive  the  title  of  "  Royal  Highness,"  and  the  grandchildren  qf 
the  latter  the  title  of  "  Highness." 

Art.  5.  This  law  comes  into  force  when  signed  by  the  Prince 
Hospodar,  and  in  all  the  laws  of  the  land  the  words  "  Prince "  and 
"  Princely  "  shall  be  replaced  by  "  King  "  and  "  Royal." 

1  In  the  publication  of  the  Constitution  by  Nicholas  I  on  Saint  Nicholas  Day,  1905,  the 
following  sentence  is  appended  immediately  after  Article  222  :  "  We  order  all  our  ministers 
to  publish  the  present  Constitution  and  to  watch  over  its  observation,  the  authorities  to 
apply  it  and  all  and  each  to  obey  it." 

2  Published  and  sanctioned  by  Nicholas  I,  Cettinje,  28  August  1910,  after  passage  by 
the  Skupshtina.  Translation  reprinted  from  the  British  and  Foreign  State  Papers, 
105  :  p.  991. 


NICARAGUA. 

Shortly  after  the  dissolution  of  the  Central  American  Union,  the 
State  of  Nicaragua  proclaimed  its  independence  (April  1838)  and 
gave  itself,  on  12  November  1838,  a  new  Constitution  to  replace  its 
Federal  State  Constitution  which  was  dated  8  April  1826.  After 
the  bloody  wars  which  troubled  the  Republic  from  1855  to  1857, 
and  the  overthrow  of  the  adventurer,  William  Walker,  a  Constitu- 
ent Assembly  met  at  Managua  and  amended  the  Constitution  on 
19  August  1858.1  The  Constitution  of  1858,  little  respected  by  the 
political  parties  which  successively  contended  for  the  power,  gave 
way  in  1893  to  a  new  text  adopted  by  a  Constituent  Assembly  at 
Managua  on  10  December.-  After  the  revolution  of  1896,  the  Con- 
stitution received  important  amendments  by  a  law  of  15  October 
1896.3  The  sixth  Constitution,  dated  30  March  1905,*  gave  way  to 
the  present  Constitution  on  10  November  1911.^ 


CONSTITUTION  OF  10  NOVEMBER  1911.' 
[Preamble.] 

In  the  presence  of  God,  we,  the  representatives  of  the  Nicaraguan. 
people,  in  Constituent  Assembly  hereby  decree  and  sanction  the 
following  Political  Constitution. 

Title  I. — The  Nation. 

Article  1.  Nicaragua  is  a  free,  sovereign  and  independent  nation. 
Its  territory  which  comprises  the  adjacent  islands  is  situated  between 
the  Atlantic  and  Pacific  Oceans  and  the  Republics  of  Honduras  and 
Costa  Rica. 

^English  translation  in  the  Rritish  and  Forcifjn  State  Papers,  72:  pp.  1045-1064. 

'  p]nfflisli  translation  in  the  British  and  Foreign  State  Papers,  86  :  pp.  1090-1109. 

3  English  translation  of  this  law  in  the  British  and  Foreign  State  Papers,  94  :  pp.  385— 
392. 

*  Spanish  text  and  English  translation  in  parallel  columns  in  J.  I.  Rodriguez,  Amer- 
ican ConxtUtitions  (Washington,  1906),  vol.  i,  pp.  300-324. 

'This  introductory  paragraph  is  based  upon  F.  R.  Dareste  et  P.  Dareste,  Les  Con- 
atitutions  modemes  (3d  edition,  Paris,  1910),  vol.  ii,  p.  565. 

"Translated  by  Antonio  M.  Ori.sso  from  the  official  Spanish  text  as  published  at 
Managua,  1912. 

431 


432  CONSTITUTIONS    OF   THE   STATES   AT   WAR. 

Art.  2.  The  sovereignty  is  one,  inalienable  and  imprescriptible, 
and  resides  essentially  in  the  people,  from  whom  the  officials  provided 
for  by  the  Constitution  and  laws  derive  their  powers.  In  consequence 
no  compacts  or  treaties  shall  be  concluded  which  are  contrary  to  the 
independence  or  integrity  of  the  nation,  or  affect  its  sovereignty  in 
any  way,  except  such  as  may  look  toward  union  with  one  or  more 
of  the  Republics  of  Central  America. 

Art.  3.  Public  officials  shall  have  no  other  powers  than  those 
expressly  conferred  on  them  by  law.  All  acts  performed  by  them 
outside  the  law  are  void. 

Title  II. — The  Form  of  Government. 

Art.  4.  The  government  of  Nicaragua  is  republican,  democratic, 
representative  and  centralized.  It  consists  of  three  independent 
powers:  The  legislative,  the  executive  and  the  judicial. 

Title  III. — Religion. 

Art.  5.  The  majority  of  Nicaraguans  profess  the  Catholic,  Apos- 
tolic and  Roman  religion.  The  State  guarantees  the  free  exercise  of 
this  form  of  worship,  as  well  as  all  others,  provided  they  are  not 
contrary  to  Christian  morals  and  public  order;  the  enactment  of 
laws  favoring  or  restricting  certain  forms  of  worship  being  pro- 
hibited. 

Title  IV. — Education. 

Art.  6.  The  teaching  of  any  lawful  industry,  trade  or  profession 
is  free.  Primary  instruction  shall  be  compulsory,  and  that  financed 
by  the  State  shall  also  be  gratuitous.  As  regards  professional  in- 
struction, the  law  shall  determine  what  professions  require  the  grant-j 
ing  of  a  degree  previous  to  the  exercise  thereof,  and  the  formalities 
for  obtaining  it. 

Title  Y. — Nicaraguans. 

Art.  T.  Nicaraguans  are  native  or  naturalized. 
Art.  8.  The  following  are  natives: 

1.  Persons  born  in  Nicaragua,  of  parents  who  are  Nicaraguans 
or  domiciled  foreigners. 

2.  Children  who  are  born  abroad  of  a  Nicaraguan  father  oi 
mother,  provided  they  choose  Nicaraguan  nationality. 

Art.  9.  The  following  are  naturalized: 

1.  Natives  of  other  Central  American  Republics,  who  reside  ii 
Nicaragua,  and  declare  their  desire  to  be  Nicaraguans  before  th( 
competent  authority. 


IslCAKAlilA.  433 

2.  Foreign  women  who  marry  Xicaraguans. 

3.  Spanish  Americans  who  have  resided  one  year  in  the  country, 
and  other  foreigners  who  have  resided  there  two  years,  provided  they 
declare  their  desire  to  become  naturalized  before  the  proper  au- 
thority. 

4.  Persons  who  have  secured  naturalization  papers  according  to 
law. 

Art.  10.  The  following  persons  shall  forfeit  their  Nicaraguan 
nationality : 

1.  Those  who  while  residing  in  Nicaragua  voluntarily  secure 
naturalization  in  a  foreign  country  not  situated  in  Central  America. 
However,  they  shall  recover  their  Nicaraguan  nationality  by  re- 
establishing their  domicile  in  Nicaragua  at  whatever  time  this  may 
occur. 

2.  Nicaraguan  women  who  marry  foreigners,  provided  they  ac- 
quire the  nationality  of  their  husbands  according  to  the  law  of  the 
nation  of  the  latter,  but  they  shall  recover  Nicaraguan  nationality 
upon  becoming  widows,  if  they  lose  the  nationality  of  their  husbands 
hj  reason  of  this  cause. 

Art.  11.  The  provisions  of  this  title  may  be  modified  by  treaties, 
on  condition  of  reciprocity. 

Title  VI. — Foreigners. 

Art.  12.  The  Republic  of  Nicaragua  shall  be  a  safe  asylum  for  any 
person  seeking  refuge  in  its  territory. 

Art.  13.  Foreigners  in  Nicaragua  shall  enjoy  all  the  civil  rights 
of  Nicaraguans;  they  are  obliged  to  respect  the  authorities  and  to 
obey  the  laws,  and,  in  regard  to  property  acquired  by  them  in  the 
country,  they  shall  be  subject  to  all  ordinary  or  extraordinary  taxes 
levied  against  Nicaraguans. 

Art.  14.  Foreigners  shall  not  be  allowed  to  lay  claims  against  or 
demand  any  indemnity  of  the  State,  except  in  the  cases  and  in  the 
manner  in  which  Nicaraguans  may  do  so. 

Art.  15.  Foreigners  may  resort  to  diplomatic  channels  only  in  case 
of  denial  of  justice.  The  fact  that  any  executory  judgment  is  un- 
favorable to  the  claimant  shall  not  be  considered  as  such  denial.  If, 
in  contravention  of  this  provision,  they  shall  not  amicably  terminate 
the  claims  which  they  have  raised,  they  shall  forfeit  the  right  to 
dwell  in  the  country. 

Art.  16.  Extradition  for  political  crimes  is  prohibited,  even  though 
a  common  law  crime  arises  therefrom. 

Treaties  and  the  law  shall  specify  the  cases  in  which  extradition 
may  take  place  for  grave  common  law  crimes. 


434  CONSTITUTIONS    OF   THE   STATES   AT   WAR. 

Art.  17.  The  law  shall  establish  the  cases  and  the  manner  in  which 
foreigners  may  be  refused  admission  to,  or  be  expelled  from,  the 
country. 

Title  VII. — Citizens. 

Art.  18.  All  Nicaraguans  who  have  reached  the  age  of  twenty-cne 
years  shall  be  citizens,  as  well  as  all  those  who  have  reached  the  age 
of  eighteen  who  are  married,  or  who  are  able  to  read  and  write. 

Art.  19.  The  following  are  the  rights  of  citizens: 

1.  Suffrage. 

2.  To  hold  public  office. 

3.  To  have  and  bear  arms ;  all  in  accordance  with  the  law. 
Art.  20.  The  rights  of  a  citizen  are  suspended : 

1.  By  a  warrant  for  imprisonment  or  a  declaration  that  there 
are  grounds  for  indictment. 

2.  By  a  sentence  involving  disfranchisement  of  the  exercise  of 
political  rights,  during  the  term  of  the  sentence. 

3.  By  a  sentence  imposing  a  penalty  greater  than  a  correctional 
penalty,  as  long  as  rehabilitation  has  not  been  obtained. 

4.  By  mental  incapacity. 

^  5.  By  being  a  fraudulent  debtor. 

6.  By  notoriously  vicious  conduct. 

7.  By  ingratitude  toward  one's  parents,  or  unrighteous  aban- 
donment of  wife  or  minor  legitimate  children. 

A  previous  legal  declaratory  decree  shall  be  necessary  in  case 
of  the  grounds  set  forth  under  Paragraphs  4,  5,  6  and  7. 

8.  By  acting  in  Nicaragua  in  the  employ  of  foreign  (not  Cen- 
tral American)  nations  without  the  permission  of  the  legislative 
power. 

Art.  21.  The  right  to  vote  is  individual  and  can  not  be  delegated. 
Art.  22.  Suffrage  shall  be  direct  and  public.     Elections  shall  be 
held  at  the  time  and  in  the  manner  prescribed  by  law. 

Title  VIII. — Rights  and  Guarantees. 

Art.  23.  The  inhabitants  of  the  Republic,  whether  Nicaraguans 
or  foreigners,  shall  be  guaranteed  individual  safety,  liberty,  equality, 
and  property  rights. 

Art.  24.  The  death  penalty  shall  be  inflicted  only  for  the  crime  of 
high  treason  committed  in  a  foreign  war  in  the  face  of  the  enemy, 
and  for  the  atrocious  crimes  of  assassination,  parricide  and  arson 
or  robbery,  resulting  in  death,  and  under  grave  circumstances 
specified  by  the  law. 


NICARAGUA.  436 

Art.  25.  The  Constitution  recognizes  the  guarantee  of  the  haheas 
corpus.  Consequently  every  inhabitant  of  the  Republic  has  the 
right  to  the  recourse  of  the  exhibition  of  the  person.^ 

Art.  26.  A  warrant  of  arrest,  not  issued  from  the  competent 
authority  or  in  accordance  with  the  legal  formalities,  is  illegal. 

Art.  27.  Detention  pending  inquiry  into  common  law  offenses 
shall  not  exceed  eight  days,  plus  the  time  required  to  cover  distance, 
for  the  purpose  of  placing  the  accused  at  the  disposal  of  the  com- 
petent judge. 

Art.  28.  A  criminal  caught  in  fagrante  delicto  may  be  appre- 
hended by  any  person  in  order  to  be  delivered  immediately  to  the 
authority  having  the  power  to  arrest. 

Art.  29.  A  warrant  for  imprisonment  shall  not  be  issued,  unless 
there  is  ample  evidence  given  beforehand  that  a  punishable  act 
deserving  a  penalty  greater  than  a  correctional  penalty  has  been 
committed,  and  unless  there  is  at  least  a  grave  presumption  as  to 
Avlio  is  its  author. 

Art.  30.  Imprisonment  or  arrest  as  a  penalty  or  as  a  means  to  en- 
force judicial  orders  is  permissible  in  the  cases  and  for  the  period 
prescribed  by  law. 

Art.  31.  No  person  shall  be  tried  by  special  commissions  nor  by 
judges  other  than  by  those  designated  by  law  prior  to  the  commission 
of  the  deed  giving  rise  to  the  action. 

Art.  32.  No  public  authority  shall  be  permitted  to  remove  to  an- 
other court  cases  pending  before  the  competent  authority,  nor  to  re- 
open proceedings  which  have  terminated. 

In  criminal  matters  an  appeal  may  be  allowed  for  revision  of 
finished  cases  in  which  a  penalty  greater  than  a  correctional  penalty 
has  been  imposed.  The  laAvs  shall  regulate  the  exercise  of  this 
right. 

Art.  33.  In  criminal  matters  the  placing  of  a  person  under  oath 
in  regard  to  his  own  deeds  is  prohibited. 

Art.  34.  No  person  may  be  deprived  of  the  right  of  defense. 
Trials  shall  always  be  public. 

Art.  35.  The  infliction  of  perpetual  or  infamous  penalties,  whip- 
ping and  all  kinds  of  torture  are  prohibited. 

Art.  36.  Persons  under  arrest  or  imprisoned  shall  not  be  deprived 
of  the  right  of  communication  except  by  virtue  of  a  written  order 
from  the  proper  authority,  and  then  for  a  period  not  to  exceed  three 
days,  and  only  for  grave  crimes. 

Art.  37.  Nobody  shall  be  kept  prisoner  or  detained  in  any  other 
place  than  the  public  ones  intended  for  that  purpose,  unless  the  law 

*  That  Is  to  say,  the  person  of  the  prisoner,  so  that  the  reasons  for  his  detention  ma.v 
be  stated. 


4'36  constitutio:n^s  of  the  states  at  war. 

so   permits   and   the   guilty   or  detained   party   expressly   consents 
thereto. 

Art.  38.  The  dwelling  of  every  person  shall  constitute  a  safe  and 
inviolable  asylum  to  be  forcibly  entered  only  by  the  authorities  in 
the  following  cases : 

1.  In  the  actual  pursuit  of  a  criminal  or  in  order  to  take  a 
criminal  caught  in  flagrante  delicto. 

2.  On  demand  from  the  inside  of  the  house  because  a  crime 
being  committed  therein,  or  because  of  a  scandalous  disorder  requir 
ing  prompt  remedy. 

3.  In  case  of  conflagration,  earthquake,  flood,  epidemic  or  anal 
gous  events. 

4.  In  order  to  remove  objects  sought  by  virtue  of  a  process? 
there  being  at  least  partial  proof  beforehand  of  the  existence  of 
said  objects,  or  in  order  to  carry  out  a  legally  issued  order  of  the 
court. 

5.  In  order  to  liberate  a  person  wiio  is  being  unlawfully 
questered. 

6.  In  order  to  apprehend  a  criminal  against  whom  a  warran" 
for  arrest  or  imprisonment  for  crime  has  been  issued,  there  being 
at  least  partial  proof  beforehand  that  he  is  hiding  in  the  house  to 
be  entered. 

In  the  last  three  cases  the  forcible  entry  shall  not  be  made  witho 
a  written  order  from  a  competent  authority. 

Art.  39.  When  the  dwelling  to  be  forcibly  entered  is  not  that 
the  criminal  who  is  being  pursued,  the  permission  of  the  owner 
occupant  shall  first  be  requested. 

Art.  40.  In  the  cases  in  which  a  written  order  from  the  authority 
is  required,  the  house  shall  not  be  forcibly  entered  between  the  hours 
of  T  p.  M.  and  8  a.  m.  without  the  consent  of  the  owner  or  occupant. 

Art.  41.  Epistolary  correspondence  is  inviolable.  That  which  is 
purloined  from  postoffices  or  from  any  other  place  shall  not  be 
admissible  as  evidence  against  anyone. 

Art.  42.  Private  papers  may  be  seized  only  b}^  virtue  of  an  order 
from  a  competent  judge  in  the  criminal  or  civil  cases  determined  by 
law ;  and  they  shall  be  examined  in  the  presence  of  the  owner  or,  in 
his  absence,  in  that  of  two  witnesses,  and  such  papers  as  do  not  relate 
to  the  matter  under  investigation  shall  be  returned. 

Art.  43.  No  one  shall  be  molested  or  persecuted  on  account  of  his 
opinions.     Private  acts  which  do  not  disturb  public  order  or  are  not 
contrary  to  morals  and  do  not  cause  injury  to  third  parties  sha 
always  be  beyond  the  pale  of  the  law. 

Art.  44.  All  persons  may  communicate  their  thoughts  freely  b}^ 
word  of  mouth  or  in  writing  without  previous  censorship,  being  liable 
according  to  law  for  any  abuse  of  this  freedom. 


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NICARAGUA.  437 

Art.  45.  The  enactment  of  prescriptive,  confiscatory  or  retroactive 
laws  or  laws  imposing  infamous  punishment  shall  be  prohibited. 

Art.  46.  The  right  to  reclaim  confiscated  property  is  impre- 
scriptible. 

Art.  47.  Imprisonment  for  debts  is  prohibited. 

Art.  48.  Freedom  of  assembly  without  arms  and  of  associating 
for  any  lawful  purpose  is  guaranteed. 

Art.  49.  Entails  are  prohibited. 

Art  50.  Every  person  has  the  right  to  address  petitions  to  the 
legally  constituted  authority,  and  to  have  them  decided  upon  and 
be  informed  of  the  decision  reached  in  regard  to  them. 

Art.  51.  Every  person  has  the  right  to  enter  and  leave  the  Repub- 
lic, and  to  remain  within  its  territory  and  to  pass  through  it, 
in  strict  obedience  to  the  law^s. 

Art.  52.  Every  service  which  ought  not  to  be  rendered  gratuitously 
according  to  law  shall  be  fairly  remunerated. 

Art.  53.  The  law  does  not  recognize  personal  privileges. 

Art.  54.  Every  legally  capacitated  person  is  free  to  dispose  of  his 
property  under  any  legal  title,  but  in  no  case  shall  entails  be 
established. 

In  testamentary  successions  there  shall  be  compulsory  assignments 
only  in  behalf  of  the  descendants,  ascendants  and  consorts,  with  the 
preference  and  limitations  established  by  law\ 

Art.  55.  Congress  alone  can  negotiate  loans  or  levy  direct  or  in- 
direct taxes ;  and  all  authorities  are  prohibited  from  negotiating  the 
former  or  levying  the  latter  without  its  authorization,  save  the  ex- 
ceptions established  by  the  Constitution. 

xVrt.  56.  Proportionality  shall  be  the  basis  for  direct  taxation. 

Art.  57.  No  one  can  be  deprived  of  his  property  except  by  virtue 
of  a  judgment  rendered  by  a  competent  authority  or  by  reason  of 
public  utility.  The  expropriation  in  the  latter  case  must  be  spe- 
cifically prescribed  by  law  or  by  judgment  based  on  the  law,  and  shall 
not  be  carried  out  without  previous  indemnification. 

In  case  of  domestic  or  foreign  war  it  is  not  necessary  that  this  in- 
demnification be  previous. 

Art.  58.  No  person  having  the  free  right  to  administer  his  property 
shall  be  deprived  of  the  right  to  terminate  his  civil  law  suits  by  com- 
promise or  arbitration. 

Art.  59.  Every  author,  inventor,  or  owner  of  a  trade-mark  shall 
enjoy  the  exclusive  ownership  of  his  work  or  discovery  or  mark,  and 
in  the  manner  and  during  the  time  prescribed  by  law. 

Art.  60.  No  penalty  greater  than  a  correctional  penalty  shall  be 
inflicted  for  common  offenses  without  a  verdict  first  being  rendered 
by  a  jury  as  to  the  guilt  of  the  accused  party. 


438  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  61.  Monopolies  in  the  interest  of  private  individuals  ai 
prohibited. 

Art.  62.  The  declaration  of  a  state  of  siege  may  temporarily  sus 
pend  the  guarantees  mentioned,  except: 

1.  That  which  establishes  the  inviolability  of  human  life,  Avit| 
its  exceptions. 

2.  That  which  prohibits  trial  by  judges  not  designated  by  tl 
law. 

3.  That  which  prohibits  the  infliction  of  infamous  or  perpetuj 
penalties,  whipping  and  any  kind  of  torture. 

4.  That  which  prohibits  the  enactment  of  retroactive  or  coi 
fiscatory  laws. 

5.  Those  embodied  in  Articles  55  and  56. 

6.  The  legal  immunities  of  public  officials. 
Art.  63.  The  laws  regulating  the  exercise  of  constitutional  guai 

antees  shall  be  void  in  so  far  as  they  may  diminish,  restrict  or  impaij 
them. 

Art.  64.  An  official  who  without  legal  authority  should  restrict  anj 
of  the  guarantees  contained  in  this  title  shall  be  liable  for  damage 
commensurate  with  the  injury  caused,  without  prejudice  to  otlu 
legal  responsibilities. 

Title  IX. — The  Legislative  Poaver. 

Art.  65.  The  legislative  power  is  vested  in  a  Congress  composed 
two  houses :  The  Senate  and  the  Chamber  of  Deputies. 

Art.  66.  Congress  shall  assemble  in  the  capital  of  the  Republic 
the  fifteenth  day  of  December  of  each  year  without  the  necessity  o| 
a  call.     It  shall  hold  45  regular  sessions  subject  to  extension  to  Ij 
more. 

Art.  67.  It  shall  also  hold  extraordinary  sessions  when  convok( 
by  the  executive ;  and  in  this  case  it  shall  deal  only  with  the  mattei 
submitted  to  it  by  the  latter. 

Art.  68.  Congi^ess  may  also  convene  or  continue  its  sessions  in  ai 
other  town  of  the  Republic  w^ithout  a  call  by  the  executive,  but 
no  case  shall  the  legal  quorum  be  supplied  by  uninstalled  substitutes 

Art.  69.  The  election  of  deputies  shall  be  by  popular  suffrag^ 
direct  and  public.     The  departments  of  the  Republic  shall  be  divide 
for  this  purpose  into  as  many  electoral  districts  as  they  contain  mult 
pies  of  15,000  inhabitants,  a  district  being  added'  for  fractions  ov( 
8,000.    Each  district  shall  elect  a  sitting  deputy  and  a  substitute. 

The  regions  of  Cape  Gracias  a  Dios  and  San  Juan  del  Norte  shall 
each  be  considered  as  an  electoral  district. 

Art.  70.  Each  department  shall  be  entitled  to  elect  one  sitting  and 
one  substitute  senator  for  every  tw^o  deputies.     Should  the  number 


NICARAGUA.  439 

of  deputies  be  an  odd  one,  another  sitting  and  another  substitute 
senator  shall  be  elected. 

Art.  71.  The  law  shall  make  the  necessary  demarcations  for  the 
elections. 

Art.  72.  Five  days  before  the  dat«  set  for  Congress  to  convene,  the 
deputies  and  senators  shall  assemble  and  form  their  respective  pre- 
paratory caucuses ;  and  in  the  presence  of  at  least  five  members  of 
each  house  they  shall  organize  the  directories  and  shall  draw  up 
the  necessary  regulations  for  the  assembling  of  their  members  and 
the  solemn  installation  of  Congress. 

Art.  73.  One  half  plus  one  of  the  senatoi-s  and  deputies  shall  be 
sufficient  in  each  house  for  its  legal  installation. 

Art.  14:.  Deputies  shall  continue  four  years  in  the  exercise  of 
their  office,  and  shall  be  renewed  by  halves  every  two  years. 

Art.  75.  Senators  shall  continue  six  years  in  the  exercise  of  their 
office,  and  shall  be  renewed  by  thirds  every  two  years. 

Art.  76.  To  be  a  deputy,  it  is  required:  to  be  a  citizen  in  the 
exercise  of  his  rights,  of  the  secular  estate  and  over  25  years  of  age. 

Art.  77.  To  be  a  senator,  it  is  required:  to  be  a  citizen  in  the 
fxercise  of  his  rights,  of  the  secular  estate  and  over  40  years  of  age. 

Art.  78.  The  following  shall  not  be  eligible  as  members  of  the 
legislative  power : 

1.  Persons  Avho  have  held  office  by  appointment  of  the  executive 
within  two  months  preceding  the  election. 

2.  The  magistrates  of  the  courts  of  justice  and  the  officials  under 
them. 

3.  Eelatives  of  the  President  of  the  Republic  within  the  second 
degree  of  consanguinity  or  affinity. 

4.  Those  who  have  managed  or  collected  public  funds  while  they 
have  not  cleared  themselves  in  this  respect. 

Art.  79.  The  representatives  in  Congress  shall  enjoy,  from  the 
date  of  their  election,  the  following  prerogatives: 

1.  Personal  immunity  from  being  accused  or  tried  for  official  or 
common  law  crimes,  unless  Congress  first  declares  that  there  are 
grounds  for  their  indictment. 

2.  They  shall  not  be  subject  to  civil  suit  from  thirty  days  before 
the  regular  sessions  of  Congress,  or  from  the  date  of  a  decree  calling 
an  extra  session,  until  fifteen  days  after  the  termination  of  either. 

If  the  suits  are  pending,  the  proceedings  shall  be  suspended 
during  the  session. 

3.  They  shall  not  be  called  into  mililaiy  ^ltn  ice  without  their 
consent. 

4.  They  shall  not  be  banished  from  the  Republic,  confined  or 
deprived  of  their  liberty  on  any  gi'ound,  even  during  a  state  of  siege, 


440  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

unless  Congress  declares  that  there  are  grounds  for  their  indict- 
ment. 

Art.  80.  Members  of  Congress  may  accept  offices  from  the  execu- 
tive power  during  recess;  but  during  sessions  they  may  only  accept 
the  offices  of  secretary  of  State,  diplomatic  agent,  or  professor  of 
education.  In  either  case  they  shall  forfeit  their  character  of  repre- 
sentative by  the  acceptance  of  any  office,  except  the  last  two  men- 
tioned. 

Art.  81.  The  executive  shall  give  an  account -to  the  respectiv( 
houses,  when  they  are  in  session,  of  all  appointments  he  has  made,] 
in  order  that  they  may  order  the  vacancies  filled.    During  recess  o1 
Congress,  it  shall  be  the  duty  of  the  executive  to  order  the  vacanci( 
filled. 

Art.  82.  The  houses  shall  open  and  close  their  sessions  at  th( 
same  time;  and  neither  of  them  shall  suspend  or  extend  them  foi 
more  than  three  days  without  the  concurrence  of  the  other. 

Title  X. — Eights  Common  to  the  Chambers. 

Art.  83.  It  belongs  to  each  of  the  houses,  without  the  interference 
of  the  other : 

1.  To  regulate  the  order  of  its  sessions  and  everj^thing  relating 
to  its  internal  management. 

2.  To  pass  upon  the  election  and  credentials  of  its  members. 

3.  To  compel  their  attendance. 

4.  To  accept,  by  a  two-thirds  vote,  the  resignations  of  its  mem- 
bers founded  on  duly  verified  legal  grounds. 

5.  To  order  reelections  in  case  of  missing,  deceased,  resigned  oi 
incapacitated  members. 

6.  To  ask  the  executive  for  a  statement  of  the  receipts  and  ex- 
penditures of  all  or  any  of  the  accounts  as  well  as  for  a  detaile( 
report  on  any  branch  of  the  administration, 

7.  To  suggest  a  joint  session  to  the  other  house. 

Title  XI. — Attributions  of  Congress  Wpien  in  Joint  Session. 

Art.  84.  It  belongs  to  Congress : 

1.  To  regulate  the  order  of  its  sessions. 

2.  To  regulate  the  votes,  to  certify  and  declare  the  election  of 
the  President  and  Vice-President  of  the  Republic,  and  to  elqct  these 
officers  in  the  cases  provided  by  the  Constitution. 

The  President  shall  be  that  duly  qualified  citizen  who  receiver 
the  absolute  majority  of  the  votes  of  all  qualified  voters.  If  no  per- 
son receives  such  a  majorit}^.  Congress  shall  elect  the  President  from 
among  the  two  who  have  obtained  the  greatest  number  of  votes,  even 
though  this  number  should  be  equal  for  both.  The  same  rule  shall  be* 
observed  in  the  election  of  the  Vice-President. 


NICARAGUA.  441 

Ties  occurring  in  the  popular  election  or  in  that  made  by  Con- 
gress shall  be  settled  by  lot,  whenever  this  measure  is  necessary  in 
order  to  apply  the  rules  of  the  present  article. 

3.  To  elect  each  year  two  Designates  who,  in  the  order  of  their 
election,  shall  exercise  the  Presidency  of  the  Republic,  when  there 
is  an  absolute  or  temporary  default  of  the  President  and  Vice- 
President. 

It  is  indispensable  that  the  election  of  the  Designates  be  limited 
to  members  of  the  national  legislature  who  fulfill  the  conditions 
required  for  being  President  of  the  Republic. 

4.  To  elect  the  magistrates  of  the  Supreme  Court  of  Justice  and 
of  the  Courts  of  Appeal. 

5.  To  act  on  the  resignations  of  the  President  and  Vice- 
President  of  the  Republic  and  of  the  magistrates  of  the  Courts  of 
Justice. 

().  To  declare  by  a  two-thirds  vote  when  there  are  grounds  for 
the  impeachment  of  the  President,  Vice-President,  senators,  depu- 
ties, magistrates,  secretaries  of  State  and  diplomatic  agents  of  the 
Republic. 

7.  To  extend  for  the  executive  the  period  established  for  the 
publication  of  laws  and  other  provisions. 

8.  To  administer  the  constitutional  oath  to  those  public  offi- 
cials whom  it  elects  or  declares  elected. 

9.  To  declare  the  preference,  when  the  same  person  is  elected  as 
a  member  of  different  branches  of  the  supreme  powers,  in  the  fol- 
lowing order : 

1.  President  of  the  Republic. 

2.  Vice-President  of  the  Republic. 

3.  Senator. 

4.  Deputy. 

Title   XII. — Attributions   of   Congress   When   in    Separate 

Session. 

Art.  85.  It  belongs  to  Congress,  when  convened  in  separate  ses- 
sion: 

1.  To  enact,  construe,  revise  and  repeal  laws. 

2.  To  create  and  abolish  offices,  establish  pensions,  confer  hon- 
ors and  grant  amnesties. 

3.  To  take  all  suitable  measures  for  the  safety  and  defense  of 
the  Republic. 

4.  To  change  the  residence  of  the  supreme  powers  for  gi-ave 

[•causes. 

5.  To  decree  prizes  and  grant  temporarj^  privileges  to  authors 
|or  inventors  of  things  of  general  utility,  and  to  persons  who  have 

itroduced  new  industries  or  improved  existing  ones. 

88381—19 29 


442  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 


6.  To  grant  subventions  or  premiums  on  objects  of  public  utility 
which  contribute  toward  establishing  new  industries  or  promoting 
agriculture.  jl 

7.  To  approve  or  disapprove  the  conduct  of  the  executive.  ^ 

8.  To  approve,  modify  or  reject  the  treaties  concluded  with 
foreign  nations.  3 

9.  To  regulate  maritime  and  land  commerce. 

10.  To  approve  or  disapprove  the  accounts  of  public  expendi- 
tures. 

11.  To  fix  the  budget  annually. 

12.  To  determine  the  duties  of  the  officials  of  the  Republic  an 
designate  the  territorial  jurisdictions  within  which  they  are  to  act 

13.  To  levy  taxes. 

14.  To  decree  the  alienation  or  lease  of  national  property  an 
the  application  thereof  to  public  uses,  or  to  authorize  the  executi^' 
to  do  so  on  conditions  suitable  to  the  Republic.    The  public  revenu 
or  taxes  shall  not  be  alienated  or  leased  out. 

15.  To  authorize  loans  and  to  regulate  the  payment  of  the  na 
tional  debt,  or  to  determine  the  conditions  on  which  the  executi^ 
shall  do  so. 

16.  To  open  up  ports,  create,  transfer  or  abolish  custom-housei 
or  lay  down  the  rules  in  accordance  with  Avhich  the  executive  ma 
do  so. 

17.  To  fix  the  weight,  fineness,  value,  type  and  denominatio 
of   national   money,   and   to   regulate   the  system   of   weights   an 
measures. 

18.  To  declare  war  and  to  conclude  peace  or  authorize  th 
executive  to  do  so. 

19.  To  fix  the  strength  of  land  and  naval  forces  at  each  regula: 
session. 

20.  To  permit  or  refuse  the  passage  of  troops  of  another  count 
through  the  territory  of  the  Republic,  and  to  authorize  the  departure 
of  national  troops  from  Nicaragua.    During  a  state  of  war,  the  exe 
utive  power  shall  have  these  attributions. 

21.  To  declare  a  state  of  siege  and  even  to  suspend  the  constij 
tutional   order   of   things  throughout   the    Republic,   or   any    pa 
thereof,  when  the  public  peace  is  threatened  or  in  case  of  foreig 
aggression.     Such  a  declaration  or  suspension  shall  last  sixty  day 
at  the  most,  according  to  circumstances,  a  new  declaration  by  Con- 
gress being  necessary  to  prolong  it. 

22.  To  confer  the  grades  of  general  of  brigade  and  of  division. 

23.  To  grant  pardons  or  commutations  of  sentence  at  the  in- 
stance of  the  executive  power  after  receiving  a  detailed  report  from 
the  Supreme  Court  of  Justice. 


F 


NICARAGUA.  443 


24.  To  award  prizes  or  rewards  for  eminent  services. 

25.  To  approve  or  disapprove  the  contracts  concluded  by  tlic 
executive  with  private  individuals  or  with  companies,  regarding 
loans,  colonization,  navigation  and  other  works  of  general  utility, 
provided  they  are  permitted  by  the  Constitution  and  involve  tem- 
porary privileges  or  affect  the  property  of  the  nation,  or  when, 
money  not  appropriated  in  the  budget  is  available. 

2G.  To  permit  the  foundation  of  monteinoH^  and  banks  of  issue. 

27.  To  determine  the  coat  of  arms  and  the  flag  of  the  Republic. 

28.  To  grant  or  refuse  permission  to  Nicaraguans  to  accept 
offices  from  foreign  countries,  when  the  duties  thoroof  are  to  be  dis- 
charged in  Nicaragua. 

Art.  86.  The  legislative  power  can  not  supply  or  declare  the  civil 
status  of  persons,  or  confer  academic  or  literary  degrees. 

Art.  87.  The  powers  of  the  legislative  power  can  not  be  delegated, 
except  the  authority  to  legislate  in  the  departments  of  Interior, 
Police,  Charity  and  Public  Instiniction,  which  may  be  delegated  to 
the  executive  power  during  the  recess  of  Congress;  and  the  powers 
relating  to  the  administration  of  the  constitutional  oath  to  officials 
AA  honi  it  elects  or  declares  elected. 

Art.  88.  In  the  measures  and  laws  enacted  by  Congress,  the  fol- 
lowing formula  shall  be  used:  "The  Senate  and  the  Chamber  of 
Deputies  of  the  Republic  of  Nicaragua  decree,  resolve  or  declare: 
(here  follows  that  which  is  decreed  or  resolved).  Given  in  the 
Sessions  Hall  of  Congress"  (w^hen  in  joint  session),  or  of  the 
house  in  which  the  measure  originated  (when  in  separate  session), 
place  and  date.  Then  follow  the  signatures  of  the  President  and 
secretaries  of  Congress  or  of  the  house,  as  the  case  may  be.  Upon 
the  measure  being  approved  in  the  other  house,  the  latter  shall 
say :  "  To  the  Executive  Power,  the  Chamber  of  the  Senate  or 
Chamber  of  Deputies"  (as  the  case  may  be),  setting  down  the  proper 
place  and  date  w^ith  the  signatures  of  the  presiding  officer  and  secre- 
taries concerned. 

Art.  89.  All  motions  of  the  legislative  power  shall  be  enacted  in 
the  form  of  law  or  resolutions. 

Art.  90.  Every  bill  or  resolution  may  originate  in  either  of  the 
houses,  only  measures  relating  to  taxes  or  imposts  being  reserved  to 
the  Chamber  of  Deputies. 

Art.  91.  Only  the  deputies  and  the  senators  in  their  respective 
houses,  the  ministers  on  behalf  of  the  exex3utive  and  the  Supreme 
Court  of  Justice  in  matters  pertaining  to  their  branch  have  the 
right  to  recommend  such  bills,  resolutions  or  declarations  as  they 
may  deem  convenient. 


1  Public  or  private  establishments  intended  to  grive  aid  to  certain  persons. 


444  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  92.  When  a  bill  is  passed  by  one  house,  it  shall  go  as  an 
original  measure  to  the  other.  Ayhich  shall  take  it  under  consideration, 
and  may  pass  it  or  not,  or  amend  it.  In  the  latter  case,  the  bill  shall 
be  considered  as  originating  in  the  house  which  revises  it. 

Art.  93.  No  bill  shall  be  finally  passed  until  subjected  to  two 
deliberations  on  different  days,  except  in  case  of  urgency,  as  deter- 
mined by  two  thirds  of  the  votes,  when  there  shall  be  only  one  delib- 
eration. 

Art.  94.  Every  bill  upon  being  passed  by  Congress  in  separate 
session  shall  be  forwarded  to  the  executive  within  three  days  at  the 
latest  after  passage  in  order  that  he  may  give  it  his  sanction  -and 
have  it  promulgated  as  a  law^  within  ten  days. 

Art.  95.  If  the  President,  with  the  advice  and  consent  of  the 
Council  of  Ministers,  should  find  objections  to  sanctioning  the  bill, 
he  shall  return  it  to  Congress  within  five  days,  setting  forth  the 
reasons  on  which  he  bases  his  dissension.  If  he  does  not  object  to  it 
within  the  period  mentioned,  it  shall  be  considered  as  being  sanc- 
tioned, and  shall  be  published  as  a  laAV.  When  the  executive  returns 
the  bill.  Congress  shall  subject  it  to  a  further  deliberation  in  joint 
session,  and  if  it  is  then  ratified  by  two  thirds  of  the  votes,  it  shall  be 
asrain  forwarded  to  the  executive  with  this  formula :  "  Ratified  con- 
stitutionally  " ;  whereupon  the  executive  shall  cause  it  to  be  published 
without  delay. 

Art.  96.  When  Congress  passes  a  bill  during  the  last  five  days  ot 
its  session,  and  the  executive  deems  it  inexpedient  to  sanction  it,  he 
shall  immediately  give  notice  to  Congress  in  order  that  it  may 
remain  in  session  for  ten  days  beginning  from  the  date  on  which 
the  autograph  was  transmitted  to  him ;  if  he  fails  to  do  this,  the  law 
shall  be  considered  sanctioned. 

Art.  97.  When  a  bill  has  been  rejected,  it  can  not  be  brought  for- 
ward again  until  the  next  legislature. 

x\rt.  98.  The  sanction  of  the  executive  is  necessary  in  the  follow- 
ing decrees  and  resolutions: 

1.  In  elections  made  or  declared  by  Congress  and  in  resignations 
accepted  or  declined. 

2.  In  regulations  issued  by  Congress  or  by  the  houses  for  theirj 
internal  government. 

3.  In  resolutions  for  convening,  for  transferring  its  seat  to  an 
other  place,  and  for  suspending  or  extending  its  sessions. 

4.  In  the  budgetary  law. 

5.  In  decrees  relating  to  the  conduct  of  the  executive. 

6.  In  declarations  that  there  are  grounds  for  impeachment. 
Art.  99.  Whenever  the  purpose  of  a  bill  not  emanating  from  the 

Supreme  Court  of  Justice  is  to  revise  or  repeal  provisions  of  the 
Civil  Code,  Penal  Code,  Code  of  Commerce,  Mining  Code  or  Code  of 


NICARAGUA.  445 

Procedure,  it  shall  not  be  discussed  without  hearing  the  opinion  of 
said  Court,  which  shall  give  it  either  during  the  same  session  or  that 
of  the  next  year,  according  to  the  extent,  importance,  or  urgency  of 
the  bill. 

Art.  100.  The  formula  which  is  to  be  used  in  publishing  the  laws 
is  the  following:  "The  President  of  the  Republic  to  the  inhabitants 
thereof.  Know  ye  that  Congress  has  ordained  as  follows  (here  the 
text  and  signatures) .    Therefore  let  it  be  enforced." 

Title  XIII. — The  Executive  Power. 

Art.  101.  The  executive  power  shall  be  held  by  a  citizen  called  the 
President  of  the  Republic,  in  his  default  by  the  Vice-President,  and 
in  the  default  of  the  latter  by  one  of  the  Designates  according  to 
their  order. 

Art.  102.  The  President  of  the  Republic,  the  Vice-President  and 
the  Designates  must  be  citizens  in  the  exercise  of  their  rights,  over 
30  years  of  age,  of  the  secular  estate  and  natives  of  Nicaragua. 

Art.  103.  The  election  of  President  and  Vice-President  of  the 
Republic  shall  be  by  popular  vote,  direct  and  public. 

Art.  104.  The  term  of  office  of  the  President  and  Vice-President 
of  the  Republic  shall  be  four  years,  and  shall  begin  on  the  first  of 
January.  Xo  citizen  who  holds  the  office  of  President,  either  as  the 
duly  elected  incumbent  or  accidentally,  shall  be  eligible  to  the  office 
of  President  or  Vice-President  for  the  next  term. 

Art.  105.  No  person  shall  be  elected  President  or  Vice-President 
who  is  related  by  consanguinity  or  affinity  in  a  direct  line,  or  up  to 
the  fourth  degree  inclusive  in  a  collateral  line,  with  the  President 
of  the  Republic  or  with  the  person  holding  the  office  of  President 
during  the  last  six  months  prior  to  the  election. 

Art.  106.  In  case  of  the  absolute  or  temporary  default  of  the  Presi- 
dent of  the  Republic,  the  executive  power  shall  devolve  upon  the 
Vice-President,  and  in  default  of  the  latter  upon  one  of  the  Desig- 
nates in  the  order  of  their  election.  In  the  latter  case,  sliould  Con- 
gress be  in  session,  it  shall  be  its  duty  to  authorize  the  entrustment 
of  the  office  to  the  Representative  whom  it  may  designate,  who  must 
fulfill  the  requirements  for  President  of  the  Republic. 

Art.  107.  Until  the  person  designated  by  law  enters  upon  the  office 
of  President  of  the  Republic,  the  executive  power  shall  be  exercised 
by  the  Minister  of  the  Interior,  who  shall  give  up  possession  to  the 
new  official  if  Congress  is  not  in  session. 

Art.  108.  The  President  shall  not  leave  the  country  during  the 
exercise  of  his  functions  without  permission  of  Congress,  nor  shall 
he  do  so  at  the  end  of  his  term,  if  there  are  proceedings  pending 
against  him  for  official  or  common-law  offenses. 


446  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

Title  XIV. — Duties  and  Attributions  of  the  Executive  Power. 

Art.  109.  The  President  of  the  Republic  is  the  Chief  Magistrate 
of  the  nation  and  Commander-in-Chief  of  the  land  and  naval  forces. 
He  has  charge  of  the  general  administration  of  the  country,  which  he 
shall  carry  on  through  the  ministers  or  secretaries  of  State  and  the 
respective  under-secretaries. 

Art.  110.  The  law  shall  determine  the  number  of  secretaries  of 
State  and  the  distribution  of  duties  among  them. 

Art.  111.  The  attributions  of  the  executive  power  are  as  follows: 

1.  To  .defend  the  independence  and  the  honor  of  the  nation  and 
the  integrity  of  its  territory. 

2.  To  enforce  and  have  enforced  the  Constitution  and  laws,  issu- 
ing the  necessary  decrees  and  orders  for  the  purpose,  without  altering 
the  spirit  of  the  former. 

3  To  appoint  secretaries  and  under-secretaries  of  State  and  the 
other  executive  officers. 

4.  To  preserve  the  domestic  peace  and  security  of  the  Republic 
and  repel  all  attacks  and  aggressions  from  abroad. 

5.  To  afford  the  functionaries  of  the  judicial  power  such  aid 
and  force  as  they  may  need  to  make  their  decisions  effective. 

6.  To  remove  the  employees  appointed  by  his  own  free  will. 

7.  To  recommend  to  Congress,  when  required  by  the  public 
welfare,  amnesties,  pardons  or  commutations  of  sentence  of  crim- 
inals, and  to  grant  amnesties  during  the  recess  of  Congress. 

8.  To  call  extra  sessions  of  Congress,  when  the  interests  of 
the  nation  require. 

9.  To  present  to  the  legislative  power  through  the  secretaries  of 
State  within  fifteen  days  from  the  date  on  which  Congress  convenes 
a  detailed  report  on  the  administrative  branches,  an  itemized  account 
of  the  proceeds  and  expenditures  of  the  revenues,  and  the  budget  of 
expenses  for  the  ensuing  year,  pointing  out  improvements  of  which 
the  legislation  may  be  susceptible. 

10.  To  conclude  treaties  and  any  other  diplomatic  negotiations, 
submitting  the  same  to  Congress  for  its  ratification. 

11.  To  direct  foreign  relations,  to  appoint  consuls,  agents  or 
diplomatic  ministers  of  the  Republic,  and  to  admit  and  receive  those 
appointed  by  foreign  nations. 

12.  To  cause  the  revenues  of  the  Republic  to  be  collected  and 
expended  in  accordance  with  the  law. 

13.  To  confer  military  grades  in  time  of  peace  up  to  the  rank  of 
colonel,  inclusive,  and  the  higher  grades  up  to  general  of  division 
in  the  field;  and  to  recommend  to  Congress  the  conferring  of  these 
latter  grades  in  time  of  peace. 


NICARAGUA.  447 

14.  To  assemble  the  military  forces  of  land  and  sea,  organize 
them  and  distribute  them  in  accordance  with  the  law  and  the  needs 
of  the  Republic. 

15.  To  grant  letters  of  marque  and  reprisal. 

16.  To  declare  a  state  of  siege  and  even  suspend  the  constitu- 
tional order,  during  the  recess  of  Congress,  in  the  cases  and  under 
the  conditions  provided  in  Paragraph  21  of  Article  85. 

17.  To  grant  naturalization  papers. 

18.  To  direct  and  encourage  public  instruction,  to  diffuse  popu- 
lar education,  and  exercise  supreme  supervision  over  private  institu- 
tions of  learning. 

19.  To  sanction  laws,  use  the  veto  power  in  appropriate  cases, 
and  promulgate  without  delay  all  legislative  measures  which  do  not 
require  the  sanction  of  the  executive. 

20.  To  order  the  vacancies  of  deputies  and  senators  filled,  during 
the  recess  of  the  legislative  power,  within  one  month  at  the  latest 
from  the  time  they  occur. 

21.  To  publish  monthly  statements  of  the  receipts  and  expendi- 
tures of  the  public  revenues* 

22.  To  watch  over  the  legal  exactness  of  money,  and  to  decide 
what  may  be  proper  regarding  the  admission  and  circulation  of 
foreign  money.  To  see  to  the  uniformity  of  weights  and  measures, 
and  in  general  to  exercise  supreme  police  supervision. 

23.  To  attend  to  the  internal  security  and  external  defense  of 
the  country. 

24.  To  conclude  contracts  for  the  purpose  of  supplying  the 
needs  of  the  administration  and  to  submit  to  the  ratification  of 
Congress  those  which  relate  to  loans,  colonization,  navigation  and 
other  works  of  utilit3%  as  well  as  those  which  involve  temporary 
privileges  or  affect  national  property,  or  when  money  not  appro- 
priated in  the  budget  is  available. 

25.  To  declare  war  with  the  authorization  of  Congress  and  to 
conclude  peace  when  the  convenience  of  the  nation  requires. 

26.  To  direct  the  operations  of  war  as  Commander-in-Chief  of 
the  national  army  and  navy.  When  he  wishes  to  place  himself  at 
the  head  of  the  army,  he  shall  commit  the  office  of  President  to  the 
person  who  is  to  take  his  place  in  accordance  with  the  Constitution, 
and  he  shall  remain  invested  solely  with  the  character  of  Commander- 
in-Chief  and  with  the  attributions  of  Commanding  General. 

27.  To  see  that  Congress  convenes  on  the  date  set  by  the  Con- 
stitution, taking  the  necessary  measures  for  the  purpose  in  due  time. 

28.  To  grant  patents  in  order  to  guarantee  for  a  certain  period 
literary  property  and  useful  inventions  applicable  to  new  industries 
or  to  the  improvement  of  those  already  existing. 


448  CONSTITUTION'S   OF  THE   STATES  AT  WAR. 

29.  To  designate,  during  the  recess  of  Congress,  the  phice  where 
the  government  authorities  shall  transfer  their  seat  when  serious 
reasons  arise  for  taking  this  step. 

30.  To  raise  the  necessary  force  in  order  to  repel  any  invasion 
or  to  quell  rebellions,  and  in  these  cases  to  decree  taxes  or  loans  and 
give  an  account  to  Congress  at  its  next  session. 

31.  To  dispose  the  land  and  naval  forces  for  the  defense  and 
security  of  the  Republic  in  order  to  maintain  order  and  tranquillity 
therein,  and  for  any  other  purpose  demanded  by  the  public  service. 

32.  To  rehabilitate,  in  accordance  with  the  law,  those  citizens 
who  may  be  suspended  in  the  exercise  of  their  rights. 

33.  To  take  the  necessary  measures  in  order  that  the  elections 
may  be  held  at  the  time*  prescribed  by  law,  and  in  order  that  the 
rules  provided  by  the  law  may  be  observed. 

34.  To  close  or  open  ports  during  the  recess  of  Congress. 

35.  To  adopt  regulations  governing  his  attributions. 

36.  To  adopt  suitable  measures  for  taking  the  census  of  the 
population  and  other  branches  of  the  national  statistics. 

37.  To  establish  special  rules  for  the  temporary  government  of 
regions  which  are  uninhabited  or  which  are  inhabited  by  uncivilized 
natives. 

38.  To  determine  the  rules  to  which  the  occupation  or  aliena 
tion  of  vacant  public  lands  shall  be  subject,  and  to  devote  these  lands 
to  colonization  and  useful  enterprises. 

39.  To  suspend  the  execution  of  the  death  penalty  whenever 
requested  to  take  the  initiative  in  commuting  a  sentence,  being 
obliged  to  give  an  account  to  Congress  at  its  next  session. 

Art.  112.  When  the  public  tranquillity  is  threatened,  the  executive 
may  issue  warrants  of  arrest  against  persons  presumed  to  be  guilty, 
and  examine  them,  placing  them  at  the  disposal  of  the  competent 
judges  within  ten  days;  but  if  it  is  necessary  in  the  opinion  of  the 
executive  to  confine  in  the  interior  or  to  expel  from  the  Republic 
any  persons  suspected  of  conspiracy  or  treason,  he  shall  decide  on 
the  proper  steps  to  be  taken  in  the  Council  of  Ministers  and  with 
the  votes  of  two  sitting  senators.  If  public  order  is  disturbed,  the 
concurrence  of  the  senators  shall  not  be  indispensable. 

Art.  113.  The  President  and  his  ministers  and  senators,  as  the 
case  may  be,  shall  be  responsible  for  the  measures  adopted  by  them 
against  the  Constitution  and  the  laws.    In  civil  matters  the  responsi 
bility  shall  be  joint. 

Title  XV. — Secretaries  of  State. 

Art.  114.  The  secretaries  of  State  must  be  citizens  in  the  exercise 
of  their  rights,  natives  of  Nicaragua,  of  the  secular  estate  and  over  25 
years  of  age. 


NICARAGUA.  449 

All  decrees,  resolutions  and  orders  of  the  President  of  the  Republic 
must  be  authorized  by  the  secretaries  of  State  within  their  respective 
branches. 

Art.  115.  The  following  persons  can  not  be  secretaries  of  State: 

1.  Contractors  for  public  works  or  services  on  account  of  the 
nation. 

2.  Persons  who  as  a  result  of  their  contracts  have  claims  in 
their  own  interest  against  the  public  treasury. 

3.  Debtors  of  the  public  treasury. 

4.  Persons  administering  public  funds,  until  their  accounts  are 
finally  settled. 

5.  Relatives  of  the  President  of  the  Republic  within  the  second 
degree  of  consanguinity  or  affinit3\ 

Art.  116.  The  secretaries  of  State  may  attend,  without  voting,  the 
deliberations  of  the  legislative  power,  and  they  shall  be  obliged  to 
attend  whenever  called  upon  and  answer  inquiries  made  of  them  by 
any  representative  in  regard  to  the  affairs  of  the  administration, 
except  those  relating  to  war  and  foreign  relations,  when  secrecy  is 
deemed  necessary,  unless  the  house  decides  to  the  contrary. 

Title  XVI. — The  Judicial  Power. 

Art.  117.  The  judicial  power  of  the  Republic  shall  be  exercised  by 
a  Supreme  Court  of  Justice,  by  the  Courts  of  Appeal,  and  by  the 
judges  and  other  employees  which  the  law  may  establish.  The 
Supreme  Court  shall  reside  at  the  capital,  and  shall  be  composed  of 
five  sitting  magistrates.  There  shall  be  also  two  substitute  magis- 
trates. 

There  shall  be  three  Courts  of  Appeal,  one  situated  in  the  city  of 
Granada,  another  at  Leon,  and  the  third  at  Bluefields.  The  first  two 
shall  be  composed  of  six  sitting  magistrates,  three  for  each  of  the 
two  sections,  civil  and  criminal;  that  of  Bluefields  shall  have  three 
sitting  magistrates,  and  two  substitute  magistrates.  The  inferior 
judges  shall  be  determined  by  statute. 

The  magistrates  of  the  Supreme  Court  and  of  the  Courts  of  Appeal 
shall  be  appointed  by  Congress  in  joint  session.  The  term  of  office  of 
the  former  shall  be  six  years,  and  that  of  the  latter  four  years. 

Congress  may  create  other  Courts  of  Appeal. 

Art.  118.  The  magistrates  must  be  citizens  in  the  exercise  of  their 
rights,  of  the  secular  estate,  lawyers  and  over  30  years  of  age. 

Art.  119.  Persons  connected  by  relationship  of  consanguinity 
within  the  fourth  degree,  or  of  affinity  within  the  second  degree, 
can  not  be  magistrates  or  judges  in  the  same  court. 


450  CONSTITUTIONS   OF  THE   STATES  AT  WAK. 


If  two  or  more  persons  related  within  these  degrees  are  elected,  th 
person  receiving  the  highest  number  of  votes  shall  be  preferred, 
and  in  case  of  a  tie,  the  senior  lawyer. 

The  election  of  the  others  shall  be  made  over  again. 

Art.  120.  The  law  shall  regulate  the  organization  of  the  judicial 
power  and  the  administration  of  justice. 

Art.  121.  The  right  to  judge  and  carry  out  judgments  belongs  to 
the  courts  and  the  other  tribunals  of  justice. 

Art.  122.  The  tribunals  and  judges  .of  the  Republic  shall  prefer 
ably  apply : 

1.  The  Constitution  and  constitutive  la w^s. 

2.  The  laws  and  legislative  decrees. 

3.  The  executive  decrees  and  resolutions. 
In  no  case  shall  they  aj^ply  provisions  or  revisions  made  by  virtu( 

of  an  Official  communication. 

Art.  123.  The  Supreme  Court  of  Justice  shall  furthermore  exer- 
cise the  following  attributions: 

1.  To  adopt  its  internal  rules. 

2.  To  take  exclusive  cognizance  of  official  and  common  offenses 
committed  by  the  high  officials,  when  Congress  has  declared  thai 
there  are  grounds  for  their  impeachment. 

3.  To  authorize  lawyers,  court  clerks,  or  notaries  who  have  beei 
admitted  within  or  outside  the  Kepublic  to  the  practice  of  theii 
profession,  and  to  suspend  and  reinstate  them  in  accordance  with 
the  law. 

4.  To  take  cognizance  of  appeals  against  the  resolutions  of  th( 
Court  of  Accounts. 

5.  To  take  cognizance  of  appeals  for  review  and  for  asylum  ic 
the  cases  provided  by  law. 

6.  To  take  cognizance  of  maritime  prize  cases,  and  of  the  othe: 
matters  referred  to  it  by  law. 

7.  To  appoint  inferior  judges,  forensic  physicians  and  registra 
of  the  property  in  accordance  with  the  law. 

8.  To  accept  the  resignations  of  the  employees  appointed  by  i 
and  even  to  remove  them  before  the  expiration  of  their  term  of  offi 
with  or  without  stating  grounds  for  doing  so,  it  being  necessary  i 
the  latter  case  that  the  resolution  be  adopted  unanimously. 

9.  To  decide  the  protests  made  against  ordinances  issued  b; 
municipalities  and  other  local  administrative  corporations,  whe: 
contrary  to  the  Constitution  and  the  laws. 

Art.  124.  Any  person  injured  in  his  rights  by  the  application  of 
a  law  in  a  particular  case  may  challenge  the  constitutionality  thereof 
directly  before  the  Supreme  Court  of  Justice,  provided  the  law  relates 
to  matters  not  triable  before  the  courts  of  justice. 


NICARAGUA.  451 

Art.  125.  The  administration  of  justice  in  the  Republic  shall  be 
gratuitous. 

Akt.  126.  Members  of  courts  of  justice  shall  not  hold  any  office 
filled  by  popular  election,  or  carrying  with  it  additional  jurisdiction. 

Art.  127.  Courts  of  justice  may  demand  the  aid  of  the  armed 
forces  for  the  execution  of  their  decisions  and  if  the  armed  forces  are 
refused  them,  or  are  unavailable,  they  may  demand  such  aid  from  the 
citizens.  Any  official  or  citizen  who  unduly  refuses  to  render  that 
aid  shall  incur  liability. 

Art.  128.  In  no  case  shall  there  be  more  than  three  instances,  and 
the  same  judges  shall  not  officiate  in  more  than  one  thereof. 

Art.  129.  In  civil  matters,  the  jury  may  be  called  upon  to  pass  on 
the  facts  when  so  requested  by  the  parties,  and  in  this  case  the  judge 
shall  merely  apply  the  law. 

Art.  130.  The  magistrates  of  the  courts  of  justice  shall  enjoy  the 
same  immunities  and  prerogatives  as  the  representatives  in  Con- 
gress, except  the  exemption  from  civil  suit. 

Art.  131.  The  magistrates  of  the  Supreme  Court  of  Justice  may, 
with  a  voice  but  without  a  vote,  attend  the  deliberations  of  either  of 
the  legislative  houses,  or  of  both  in  joint  session,  whenever  they 
relate  to  matters  originating  in  said  court  or  to  those  dealt  with  in 
Article  99. 

Title  XVII.— The  Budget. 

Art.  132.  The  budget  shall  be  passed  by  Congress  in  view  of  the 
recommendations  of  the  executive  and  judicial  powers,  within  their 
respective  spheres. 

Art.  133.  The  budget  bill  shall  be. presented  by  the  Minister  of 
the  Treasury  fifteen  days  at  the  latest  after  Congress  convenes. 

Art.  134.  All  expenditures  made  outside  of  the  budget  are  unlaw- 
ful, and  the  official  ordering  them  and  the  disbursing  officer  shall  be 
jointly  responsible  for  the  amount  expended,  without  prejudice  to 
whatever  penalties  may  be  incurred  according  to  law. 

Art.  135.  The  treasury  of  the  nation  shall  comprise : 

1.  All  its  real  and  movable  property. 

2.  All  outstanding  credits. 

3.  All  duties,  imposts  and  taxes  paid  into  the  treasury  by  the  in- 
habitants of  the  Republic. 

Art.  136.  For  the  administration  of  the  public  revenues,  there  shall 
II  be  a  general  office  for  collection  and  disbursement  as  well  as  such 
other  offices  as  may  be  necessary. 

Art.  137.  In  order  to  hold  the  office  of  Treasurer  General,  it  shall 
be  necessary  to  be  over  30  years  of  age,  a  citizen  in  the  exercise  of 
ihis  rights,  and  of  well-known  good  conduct,  and  not  be  a  creditor 
or  debtor  to  the  public  treasury  or  have  accounts  pending  therein. 


L^l 
'm 


462  CONSTITUTION'S   OF  THE  STATES  AT  WAR. 

Art.  138.  For  the  purpose  of  exercising  the  supervision  of  tl 
national  treasury,  there  shall  be  a  Court  of  Accounts,  which  shall 
in  charge  of  examining  and  finally  settling  the  accounts  kept  by  ofi 
cers  administering  public  interests. 

The  members  of  this  Court  must  fulfill  the  same  requirements 
the  Treasurer  General,  but  all  employees  except  the  president  may  1 
appointed  when  they  are  over  25  years  of  age.  Their  number,  orga: 
ization  and  attributions  shall  be  determined  by  the  law,  and  the 
appointments  as  well  as  that  of  the  Treasurer  General  belong  to  tl 
executive  power. 

Art.   139.  No  public   authority,  official  or  corporation  can  co] 
elude  contracts  in  which  property  or  funds  belonging  to  the  natic 
or  to  local  boards  are  involved  for  any  purpose,  without  previously 
calling  for  bids  and  publishing  proposals  made.     Cases  are  except 
in  which,  owing  to  the  nature  of  the  contracts,  these  must  be  co 
eluded  with  certain  individuals,  or  in  which,  owing  to  the  small 
amount  involved,  it  is  not  necessary  to  call  for  bids.     The  law  sh 
regulate  this  matter. 

Title  XVIIL— The  Army. 

Art.  140.  The  public  forces  are  established  for  the  sake  of  assu 
ing  the  rights  of  the  nation,  the  enforcement  of  law  and  the  mai 
tenance  of  public  order. 

Art.  141.  The  discipline  of  the  army  shall  be  regulated  by  milita 
laws  and  ordinances.  No  armed  body  shall  be  allowed  to  delibera 
or  to  exercise  the  right  of  petition. 

Soldiers  in  actual  service  shall  not  be  permitted  to  hold  offices  fillc 
by  popular  election. 

Art.  142.  Military  service  is  compulsory,  but  in  time  of  pea 
this  duty  may  be  discharged  through  substitutes.     Every  male  Nic 
rag-uan  from  18  to  45  years  of  age  is  a  soldier  in  the  army.    The  law 
shall  provide  for  the  proper  organization,  and  specify  the  grounds  f 
exemption  from  service. 

Ministers  of  any  form  of  religious  worship  shall  render  service 
in  the  army  only  as  chaplains  or  in  the  ambulance  service. 

Art.  143.  There  shall  be  no  attractive  jurisdiction,  and  military 
persons  in  actual  service  shall  be  subject  to  military  jurisdiction  for 
purely  military  offenses. 

Title  XIX. — Departmental  Government. 

Art.  144.  For  purposes  of  political  administration,  the  territoj 
of  the  Kepublic  shall  be  divided  into  departments,  and  there  mj 
be  districts,  the  number  and  boundaries  of  which  shall  be  fixed 
by  law. 


1 


NICARAGUA.  453 

Title  XX.— Municipal  Government. 

m  Art.  145.  The  local  government  of  the  towns  shall  be  in  charge  of 
Mjinicipalities  elected  by  the  popular,  public  and  direct  vote  of  the 
Htizens  of  the  respective  towns  in  accordance  with  the  law. 
[■^Art.  146.  The  number  of  members  of  the  municipalities  shall  be 
^ternuned  by  law,  taking  into  account  the  number  of  inhabitants  of 
*    each  town. 

Art.  147.  The  attributions  of  the  municipalities  shall  be  purely 
economic  and  administrative.    They  shall  be  determined  by  law.  as 

!  shall  also  the  requirements  laid  down  in  order  to  become  a  member 
thereof. 

Art.  148.  Municipalities  may  freely  levy  local  taxes  in  accordance 
with  the  Constitution  and  the  general  laws,  submitting  them  to  the 
approval  of  the  executive  when  they  affect  solely  the  interests  of  the 
respective  town  or  of  the  department  to  which  it  belongs,  and  to  the 

i  legislative  power  when  they  impose  burdens  on  one  or  more  other 
departments,  even  though  indirectly. 

Art.  149.  Municipalities  shall  administer  the  funds  of  the  com- 
munity for  the  benefit  of  the  latter,  rendering  an  account  to  the  supe- 
rior authority  established  by  law,  and  they  shall  publish  annually  a 

j   detailed  report  of  the  receipts  and  expenditures  of  their  funds. 

I  Art.  150.  In  the  exercise  of  their  exclusive  functions,  they  shall  be 
independent  of  the  other  authorities,  but  in  no  case  shall  they  act 
against  the  general  laws  of  the  country:  and  they  shall  be  responsible 
collectively  and  individually  before  the  courts  of  justice  for  any 
abuses  they  may  commit. 

Art.  151.  Municipalities  shall  appoint  their  own  officials,  and  they 

I  may  also  appoint  local  police  agents  for  purposes  of  order,  security, 
sanitation,  comfort,  improvement  and  recreation,  and  they  may  enact 

J   regulations  on  this  subject,  subject  to  the  general  laws. 

I  Art.  152.  The  members  of  the  municipalities  shall  not  be  obliged 
to  discharge  any  other  duties,  not  even  military  service  in  time  of 


war. 


Art.  153.  Municipal  resolutions  having  the  character  of  local  laws 
shall  be  submitted  for  the  approval  of  the  executive. 

Title  XXL — The  Responsibility  of  Public  Officials. 

Art.  154.  Every  public  official  upon  assuming  office  shall  take  an 
oath  to  observe  and  cause  to  be  observed  the  Constitution  and  the 
laws,  and  shall  be  responsible  for  his  acts. 

Art.  155.  The  President  of  the  Republic,  senators,  deputies,  magis- 
trates of  the  courts  of  justice,  secretaries  and  under-secret  a  ries  of 
State  and  ministers  and  diplomatic  agents  shall  be  responsible  before 
Congress  for  common  offenses  and  for  official  offenses  which  they 


454 


CONSTITUTIONS   OF   THE   STATES  AT  WAR. 


may  commit  in  the  exercise  of  their  functions,  for  the  purpose  oJ 
declaring  whether  or  not  there  are  grounds  for  their  indictment  an( 
placing  the  culprit  at  the  disposal  of  the  competent  court. 

Art.  156.  Once  a  judgment  has  been  pronounced  declaring  a  persoi] 
guilty  of  an  official  offense,  the  guilty  party  can  not  be  granted 
pardon. 

Art.  157.  Notwithstanding  the  approval  which  Congress  may  gi  vi 
to  the  conduct  of  the  executive,  the  President  and  the  secretaries  oi 
State  may  be  indicted  for  official  offenses  up  to  five  years  after  the;" 
have  ceased  in  the  exercise  of  their  office. 

Art.  158.  When  it  has  been  declared  that  there  are  grounds  for  th( 
indictment  of  a  public  official  in  the  full  exercise  of  his  duties,  an< 
the  latter  has  been  freed  of  the  charge,  he  shall  resume  the  discharge 
of  his  duties. 

Title  XXII. — Constitutive  Laws. 

Art.  159.  The  following  laws  are  constitutive:  the  press  law,  th( 
martial  law  and  the  law  of  asylum  (amparo). 

Title  XXIII. — The  Eeform  of  the  Constitution  and  or  Consti^ 

TUTivE  Laws. 


Art.  160.  Whenever  a  partial  reform  of  the  Constitution  or  con- 
stitutive laws  is  deemed  appropriate,  this  may  be  done,  observing  th( 
following  rules: 

1.  The  bill  shall  be  presented  by  two  or  more  members  of  the 
houses  and  read  twice,  with  an  interval  of  four  days. 

2.  Upon  being  taken  up  for  debate,  it  shall  be  referred  to 
committee  which  shall  present  its  report  thereon  within  six  days. 

3.  The  report  shall  be  read  twice,  on  different  days. 

4.  When  the  revised  law  has  been  approved  by  two  thirds  of  the 
votes  in  each  one  of  the  houses,  it  shall  be  published  by  the  press. 

5.  The  reform  shall  be  without  legal  effect  until  it  has  receivec 
the  approval  of  two  thirds  of  the  votes  in  the  next  legislature,  aftei 
a  lapse  of  two  years,  in  compliance  with  the  usual  procedure. 

Art.  161.  The  reform  of  the  articles  of  the  Constitution  whicl 
forbid  the  reelection  of  the  person  who  exercises  the  Presidency  oj 
the  Republic  shall  not  be  effective  during  the  period  in  which  sai< 
reform  is  made,  nor  in  the  following  one. 

Art.  162.  Treaties  or  compacts  referred  to  in  the  last  part  oi 
Article  2  shall  be  ratified  by  a  two  thirds  vote  of  each  house,  an( 
by  this  act  the  Constitution  shall  be  considered  as  amended,  not^ 
withstanding  the  provisions  of  this  title. 

Art.  163.  An  absolute  constitutional  reform  may  not  be  made 
until  after  a  lapse  of  ten  years,  and  for  this  purpose  the  regulations 


NICARAGUA.  455 

of  Article  160  shall  be  observed.    A  declaration  to  this  effect  having 
been  made,  a  Constituent  Assembly  shall  be  convened. 

Art.  164.  The  ordinary  Congress,  upon  declaring  that  the  Consti- 
tution should  be  entirely  reformed,  shall  close  its  sessions  and  become 
ipso  facto  dissolved. 

Title  XXIV. — General  Provisions. 

Art.  165.  The  present  Constitution  supersedes  that  of  30  March 
1905  and  the  Law  of  Guarantees  of  15  September  1910;  moreover  it 
declares  the  Constitution  signed  on  4  April  of  the  present  year  by 
the  previous  Constituent  Assembly  to  be  null  and  void. 

Art.  166.  Until  revised  or  repealed  other  laws  shall  remain  in 
force,  provided  they  are  not  contrary  to  the  provisions  of  this 
Constitution. 

Art.  167.  The  present  Constitution  shall  go  into  force  on  1  March 
1912. 

Title  XXV. — Transitory  Provisions. 

Art.  168.  Pending  the  convening  of  the  first  Constitutional  Con- 
gress elected  in  the  manner  and  at  the  time  established  by  the  elec- 
toral law  decreed  by  the  present  Constituent  Assembly,  the  latter 
shall  continue  to  discharge  its  duties  and  those  which  belong  to  the 
ordinary  Congress  in  accordance  with  the  Constitution. 

For  this  purpose  it  can  suspend  its  sessions  and  reopen  them  when- 
ever it  deems  it  proper.^ 

Art.  169.  The  renewal  of  the  deputies  during  the  first  biennial 
period  shall  be  made  by  lot,  as  shall  also  be  that  of  the  senators 
during  the  first  and  the  second  biennial  periods. 

Art.  170.  The  decrees  of  the  present  Constituent  Assembly  in  re- 
gard to  the  appointments  of  President  and  of  Vice-President  of  the 
Republic  and  magistrates  of  the  courts  of  justice  shall  remain  in  full 
force  and  effect  for  the  time  which  they  respectively  comprise.^ 

Art.  171.  The  decrees  of  18  May,  15  July  and  14  October  last 
regarding  the  creation,  attributions  and  powers  of  the  Mixed  Com- 
mission shall  likewise  remain  in  full  force  and  effect,  notwithstand- 
ing the  provisions  of  this  Constitution.  The  present  National  Con- 
stituent Assembly  shall  without  any  restrictibn  enact  such  reform- 
atory and  supplementary  laws  and  provisions  as  may  be  conducive 
to  the  objects  stated  in  such  decrees. 

Art.  172.  As  soon  as  the  Constitution  is  promulgated,  all  public 
employees  shall  take  the  oath  in  legal  form  to  strictly  and  faith- 
fully observe  all  its  provisions.^ 

*  This  article  has  been  declared  ineffective  by  decree  of  the  National  Constituent 
Assembly  of  4  April  1913. 

'  Here  follow  the  signatures  of  40  deputies  and  the  presidential  decree  of  promulga- 
tion. 


PANAMA. 

After  having  constituted  part  of  Colombia  as  a  State,  then  (sixice 
188G)  as  a  simple  province,  the  territory  of  Panama  became  inde- 
pendent during  the  civil  war  of  1898-1902.  This  independence  has  not 
been  formally  recognized  by  Colombia,  although  an  attempt  in  this 
direction  was  made  in  the  treaty  which  it  concluded  w^ith  the  State 
of  Panama  and  the  United  States  in  January,  1909.^  By  a  treaty 
concluded  18  November  1903,^  the  State  of  Panama  ceded  to  the 
United  States,  in  consideration  of  a  sum  of  $10,000,000  and  an  annual 
rent  of  $250,000  a  zone  of  territory  necessary  for  the  construction  of 
the  Panama  Canal.  The  Constitution  of  the  new  State  bears  date  of 
13  February  1901;  it  was  sanctioned  the  fifteenth  of  the  same  month 
by  the  junta  of  the  provisional  government.  A  legislative  decree  of 
6  June  190-1  modified  Article  73,  No.  18  (pardoning  power).  The 
electoral  law  (No.  89)  dates  from  T  July  1904.^ 


CONSTITUTION  OF  13  FEBRUARY  1904.^ 

[Preamble.] 

We,  the  representatives  of  the  people  of  Panama,  assembled  in 
National  Convention  for  the  purpose  of  constituting  the  nation, 
maintaining  order,  guaranteeing  justice,  promoting  the  general  wel- 
fare and  securing  the  benefits  of  liberty  for  ourselves,  our  posterity 
and  all  men  Avho  may  inhabit  the  Panaman  soil,  invoking  the  protec- 
!  tion  of  God,  do  ordain,  decree  and  establish  for  the  Panaman  nation 
the  following  Constitution. 

Title  I. — The  Nation  and  Its  Territory. 

Article  1.  The  Panaman  people  hereby  constitute  themselves  an 
independent  and  sovereign  nation,  ruled  by  a  republican  and  demo- 

1  English  text  of  the  three  treaties  in  Papers  relating  to  tlie  Foreign  Relations  of  the 
United  States,  1909  (Washington.  1914),  pp.  223-233.  These  treaties  being  of  a  tripartite 
nature  are  non-operative  owing  to  the  failure  of  Colombia  to  ratify  them. 

»  English  text  in  Papers  relating  to  the  Foreign  Relations  of  the  United  States,  190k 
'Washington,  190i5),  pp.  543-551,  and  British  and  Foreign  State  Papers,  96:  pp.  553-561. 

*  This  introductory  paragraph  is  based  upon  F.  R,  Dareste  bt  P.  D.\reste,  Les  Con- 
stitutions modernes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  567-568. 

*  Spanish  text  and  English  translation  in  parallel  columns  in  J.  I.  Rodriguez,  American 
Constitutions  (Washington,  1906),  vol.  i,  pp.  .392-422.  English  translation  also  in  the 
British  and  Foreign  States  Papers,  98  :  pp.  950-970,  and  Papers  relating  to  the  Foreign 
Relations  of  the  United  States,  I90k  (Wasliington,  1905),  pp.  562-58^.  The  translation 
'?iven  liere  is  based  upon  the  one  in  Rodkiglez. 

88381—19 30  457 


458  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

cratic  government,  under  the  denomination  of  the  Republic  of 
Panama. 

Art.  2.  The  sovereignty  resides  in  the  nation,  which  shall  exer- 
cise it  through  its  representatives  in  the  manner  established  by  this 
Constitution  and  under  the  conditions  therein  expressed. 

Art.  3.  The  territory  of  the  Republic  is  the  same  which,  under 
the  Act  of  27  February  1855,  additional  to  the  Granada  Constitution 
of  1853,  formed  the  State  of  Panama,  and  became  afterwards,  in 
1886,  the  Department  of  Panama,  with  its  islands,  and  the  conti- 
nental and  insular  territory  which  was  awarded  to  the  Republic  of 
Colombia  by  the  President  of  the  French  Republic  on  11  September 
1900.1  rj^Y^Q  territory  of  the  Republic  remains  subject  to  the  jurisdic- 
tional restrictions  stipulated  or  which  may  be  stipulated  in  public 
treaties  with  the  United  States  of  North  America  for  the  construc- 
tion, maintenance  or  sanitation  of  any  route  of  interoceanic  transit. 

The  boundaries  with  the  Republic  of  Colombia  shall  be  determined 
by  public  treaties. 

Art.  4.  The  territory  of  the  Republic  is  divided  into  the  provinces 
of  Bocas  del  Toro,  Code,  Colon,  Chiriqui,  Los  Santos,  Panama  and 
Veraguas.     The  provinces  are  divided  into  municipalities. 

The  National  Assembly  may.  increase  or  decrease  the  number  of 
the  former  and  of  the  latter,  or  change  their  boundaries. 

Art.  5.  The  territory,  together  with  the  public  property  forming  a 
part  thereof,  belongs  to  the  nation. 

Title  II. — Nationality  and  Citizenship. 

Art.  6.  The  following  are  Panamans: 

1.  All  those  born  or  who  may  be  born  in  the  territory  of  Panama, 
whatever  the  nationality  of  their  fathers  may  be. 

2.  Children  of  Panaman  father 'or  mother,  born  in  another  terri- 
tory, if  they  take  up  their  domicile  in  the  Republic  and  express  their 
intention  to  become  Panamans. 

3.  Foreigners,  who  have  resided  for  over  ten  years  in  the  Republic, 
professing  some  science,  art  or  industry,  or  owning  some  real  estate, 
or  capital  in  circulation,  if  they  declare,  before  the  Panaman  munici- 
pal authority  of  the  territory  in  which  they  reside,  their  intention  of 
being  naturalized  in  Panama.  Six  years  residence  will  suffice  if  they 
are  married  and  have  a  family  in  Panama,  and  three  years  if  they 
are  married  to  a  Panaman  woman. 

-t.  Colombians  who,  having  taken  part  in  the  movement  for  the 
independence  of  the  Republic  of  Panama,  declare  or  have  declared, 
before  the  municipal  council  of  the  district  in  which  they  reside,  their 
intention  to  become  Panamans. 

1  French  text  in  the  British  and  Foreign  Btate  Papers,  92  :  pp.  1038-1040. 


PANAMA.  459 

Art.  7.  Panaman  nationality  is  lost: 

1.  By  taking  out  naturalization  papers  in  a  foreign  country  and 
acquiring  a  domicile  therein. 

2.  By  accepting  employment  or  honors  from  another  government 
without  the  permission  of  the  President  of  the  Republic. 

3.  By  refusing  to  indorse  the  movement  for  the  independence  of 
the  nation,  if  the  one  who  does  so  was  born  in  Panama. 

4.  By  engaging  in  the  service  of  a  hostile  nation. 
Nationality  can  only  be  recovered  through  rehabilitation  by  the 

National  Assembly. 

Art.  8.  It  is  the  duty  of  all  Panamans  to  serve  the  nation  as  may 
be  provided  by  law,  and  they  as  well  as  all  foreigners  residing  within 
the  territory  of  the  Republic  must  submit  to  the  Constitution  and  the 
laws,  and  respect  and  obey  the  authorities. 

Art.  9.  Foreigners  shall  enjoy  in  Panama  the  same  rights  as  are 
granted  to  Panamans  by  the  laws  of  the  nation  to  which  the  foreign- 
ers belong,  unless  something  to  the  contrary  has  been  stipulated  in 
public  treaties,  or,  in  the  absence  thereof,  by  the  provisions  of 
the  law. 

Art.  10.  Naturalized  or  domiciled  foreigners  shall  not  be  bound  to 
take  up  arms  against  the  land  of  their  birth. 

Art.  11.  All  Panamans  over  21  years  of  age  are  citizens  of  the 
Republic. 

Art.  12.  Citizenship  consists  in  the  right  of  voting  in  the  elections 
of  public  officers  and  in  the  capacity  to  hold  public  offices  with  au- 
thority and  jurisdiction. 

Art.  13.  Citizenship,  once  acquired,  is  only  lost : 

1.  As  a  penalty  in  accordance  with  the  law,  but  rehabilitation 
may  be  obtained  through  the  National  Assembly. 

2.  By  loss  of  the  Panaman  nationality,  according  to  the  national 
Constitution. 

■Art.  14.  Citizenship  is  suspended: 

1.  By  criminal  prosecution,  as  soon  as  the  arrest  of  a  citizen  is 
ordered  by  the  court. 

2.  By  legal  inability  to  freely  administer  property. 

3.  By  habitual  drunkenness. 

Title  III. — Individual  Rights. 

Art.  15.  The  authorities  of  the  Republic  are  constituted  for  the 
protection  of  all  persons,  whether  residents  or  visitors,  in  their  lives, 
honor  and  property,  for  the  securing  of  reciprocal  respect  of  all 
natural,  constitutional  and  legal  rights,  and  for  the  prevention  and 
punishment  of  crime. 

Art.  16.  Panamans  and  foreigners  are  equal  before  the  law.  There 
shall  be  no  exemptions  or  personal  privileges. 


460  CONSTITUTIONS   OF   THE   STATES  AT  WAK. 

Art.  17.  Every  person  has  the  right  to  present  respectful  petitions 
to  the  authorities,  on  matters  of  public  or  private  interest,  and  to  re- 
ceive a  prompt  reply. 

Art.  18.  Public  corporations  legally  authorized  have  the  right  to 
be  recognized  as  juridical  persons,  and  to  perform,  as  such,  civil  acts 
and  enjoy  the  guarantees  set  forth  in  this  title,  with  the  general 
limitations  established  by  the  laws  for  reasons  of  general  welfare. 

Art.  19.  There  shall  be  no  slaves  in  Panama.  He  who  being  a 
slave,  sets  foot  in  the  territory  of  the  Republic,  shall  be  free. 

Art.  20.  All  the  inhabitants  of  the  Republic  have  the  right  to 
assemble  peacefully  and  unarmed,  and  to  form  associations  for  all 
the  legitimate  purposes  of  life. 

Art.  21.  Every  person  shall  be  free  to  travel  within  the  bound- 
aries of  the  Republic  and  change  residence,  without  the  necessity  of 
a  permit,  passport  or  other  similar  requisite,  with  the  exceptions 
which  the  laws  provide  concerning  the  giving  of  security  in  land  in 
judicial  cases  and  concerning  immigration. 

Art.  22.  No  one  shall  be  tried  or  sentenced  except  by  competent 
judges  or  courts,  by  virtue  of  the  laws  existing  prior  to  the  com- 
mission of  the  offense,  and  in  the  form  established  by  these  laws. 

Officials  who  exercise  authority  or  jurisdiction  may  punish,  never- 
theless, for  contempt,  without  previous  trial,  any  one  who  may  be 
insulting  or  disrespectful  to  them  while  discharging  their  duties; 
and  military  commanders  and  captains  of  vessels  may  inflict  sum- 
mary punishment  in  order  to  check  insubordination,  maintain  order 
or  repress  crimes  committed  on  board  and  away  from  port. ' 

Art.  23.  No  one  shall  be  molested  in  his  person  or  family,  or  be 
placed  in  prison  or  under  arrest,  or  detained,  or  have  his  home 
searched,  except  by  virtue  of  a  warrant  issued  by  competent  au- 
thority, with  the  legal  formalities  and  for  reasons  previously  set 
forth  in  the  laws. 

In  no  'case  shall  there  be  detention,  imprisonment,  or  arrest  for 
debts  or  purely  civil  obligations,  unless  it  is  by  judicial  order  for 
failure  to  give  bond  when  required  by  law. 

Offenders  caught  in  flagrante  delicto  may  be  arrested  and  taken 
before  the  judge  by  any  person  Avhatever. 

Art.  24.  All  persons  detained  or  imprisoned  without  the  legal 
formalities,  or  in  violation  of  the  Constitution  or  the  laws,  shall  be 
set  at  liberty  upon  their  own  request  or  that  of  any  other  person. 
The  law  shall  determine  the  form  of  this  summary  proceeding. 

Art.  25.  No  one  is  bound  to  testify  in  criminal  matters  against 
himself,  or  against  his  consort,  or  against  any  member  of  his  family 
within  the  fourth  degree  of  consanguinity  or  the  second  of  affinity. 

Art.  26.  The  profession  of  all  religions  is  free,  as  is  also  the  prac- 
tice of  all  forms  of  worship,  without  any  other  restriction  than 


PANAMA.  461 

respect  for  Christian  morality  and  public  order.  It  is  recognized, 
however,  that  the  Catholic  religion  is  that  of  the  majority  of  the 
inhabitants  of  the  Republic,  and  the  law  shall  provide  that  it  be 
aided  in  founding  a  theological  seminary  in  the  capital  and  in  send- 
ing missions  to  the  native  tribes. 

Art.  27.  Every  one  may  freely  express  his  opinions,  either  orally 
or  in  writing,  through  the  press,  or  in  any  other  way,  without  being 
subject  to  censorship,  when  referring  to  official  acts  of  public  func- 
tionaries. 

Legal  responsibility  shall,  however,  be  incurred  when  the  honor 
of  persons  is  assailed  by  any  of  these  means. 

Art.  28.  Correspondence  and  other  private  documents  are  in- 
violable, and  neither  the  former  nor  the  latter  shall  be  seized  or 
examined,  except  by  order  of  competent  judicial  authority  and  with 
the  formalities  prescribed  by  law.  In  all  cases  secrecy  shall  be  main- 
tained with  regard  to  matters  having  no  bearing  on  the  object  of  the 
seizure  or  examination. 

Art.  29.  All  persons  are  free  to  engage  in  any  honorable  trade  or 
occupation  without  necessity  of  belonging  to  guilds  or  professional 
associations. 

The  authorities  shall  exercise  supervision  over  the  industries  and 
professions  in  so  far  as  they  may  affect  public  morality,  safety  and 
health.  The  proper  diploma  shall  be  required  for  the  practice  of 
medical  professions  and  their  auxiliary  branches. 

Art.  30.  Obligations  of  a  civil  character  arising  out  of  contracts 
or  of  acts,  facts,  or  omissions  capable  to  produce  them  shall  not  be 
impaired  or  annulled  by  either  the  executive  or  the  legislative  power. 

Art.  31.  The  laws  shall  determine  everything  relating  to  the  civil 
status  of  persons,  and  the  rights  and  duties  arising  out  of  it. 

Art.  32.  Laws  shall  not  have  retroactive  effect. 

In  criminal  matters,  however,  a  permissive  or  favorable  law  shall 
be  applied  in  preference  to  a  restrictive  or  unfavorable  one,  even  if 
it  be  subsequent. 

Art.  33.  Rights  acquired  in  accordance  with  the  laws  shall  not  be 
encroached  upon  or  disregarded  by  subsequent  laws. 

When  the  application  of  a  law  enacted  for  reasons  of  public  utility 
results  in  the  conflict  of  the  rights  of  private  persons  with  the  recog- 
nized necessity  of  the  said  law,  the  private  interests  shall  yield  to  the 
public  interests.  Expropriations  which  may  be  considered  necessary, 
however,  shall  require  full  and  previous  indemnification. 

Art.  34.  Donations,  inter  vivos  or  testamentary,  made  in  conform- 
ity with  the  laws,  for  purposes  of  charity  or  public  instruction,  shall 
not  be  changed  or  modified  by  legislation. 

Art.  35.  Private  persons  are  not  responsible  before  the  authorities 
except  for  violation  of  the  Constitution  or  of  the  laws.    Public  offi- 


462  COITSTITUTIONS   or   THE   STATES  AT  WAR. 

cials  are  responsible  for  the  same  cause,  and  also  for  exceeding  their 
authority,  or  for  dereliction  in  the  performance  of  their  duties. 

Art.  36.  In  case  of  flagrant  violation  of  a  constitutional  provision 
to  the  detriment  of  any  person,  an  order  from  a  superior  will  not 
exempt  from  responsibility  the  agent  executing  it. 

Private  soldiers,  while  on  duty,  are  expected  from  this  provision, 
the  responsibility  falling  solely,  in  this  case,  upon  the  superior  who 
gives  the  order. 

Art.  37.  Games  of  lot  and  chance  shall  not  be  permitted  in  the  terri- 
tory of  the  Republic.    The  law  shall  enumerate  the  games  prohibited. 

Art.  38.  There  shall  be  no  official  monopolies. 

Art.  39.  There  shall  be  no  entailment  of  real  estate,  nor  irredeem- 
able obligations. 

Art.  40.  Every  author  or  inventor  shall  enjoy  the  exclusive  owner- 
ship of  his  work  or  invention  during  the  time  and  in  the  manner  pre- 
scribed by  law. 

Art.  41.  No  one  is  obliged  to  pay  a  tax  or  duty  which  has  not  been 
legally  established  and  which  is  not  collected  in  the  manner  pre- 
scribed by  the  laws. 

Art.  42.  No  one  shall  be  deprived  of  his  property,  either  in  whole 
or  in  part,  except  as  a  penalty  or  by  general  taxation  according  to  the 
laws. 

For  grave  reasons  of  public  utility,  defined  by  law,  condemnation 
of  private  property  or  of  rights  may  be  made  by  judicial  order,  but 
the  payment  of  the  declared  value  shall  be  made  before  the  owner  is 
dispossessed  of  them. 

Art.  43.  Buildings  devoted  to  any  form  of  worship,  theological 
seminaries  and  the  residences  of  bishops  and  parish  priests  shall 
not  be  subject  to  taxation,  and  shall  only  be  occupied  in  case  of  urgent 
public  necessity. 

Art.  44.  In  no  case  shall  the  penalty  of  confiscation  of  property 
be  established  by  law. 

Art.  45.  Prisons  are  places  of  security  and  expiation  and  not  of 
cruel  punishment;  consequently,  all  severity  which  is  not  necessary 
for  the  custody  and  correction  of  the  prisoners  is  forbidden. 

Art.  46.  The  laws  shall  fix  the  degree  of  responsibility  which  pub- 
lic officials  of  any  class  incur  by  encroaching  on  the  rights  guaranteed 
by  the  provisions  of  this  title. 

Art.  47.  The  individual  rights  recognized  and  guaranteed  in  Arti- 
cles 21,  23,  24,  27,  28  and  42  may  be  temporarily  suspended  in  all  or 
in  part  of  the  Republic,  when  the  safety  of  the  State  shall  require  it, 
in  case  of  foreign  war  or  internal  commotion  threatening  the  public 
peace. 

This  suspension  shall  be  decreed  by  the  National  Assembly,  if  it  is 
in  session;  if  it  is  not  in  session  and  the  danger  is  imminent,  the 


PANAMA.  463 

President  of  the  Republic  may  order  the  suspension  by  means  of  a 
decree  signed  by  all  his  secretaries.  In  this  case,  the  President,  in 
(he  same  decree  of  suspension,  shall  convene  the  National  Assembly 
in  order  to  explain  to  it  the  reasons  upon  which  the  decree  was  based. 
Art.  48.  The  National  Assembly  is  prohibited  from  enacting  laws 
which  may  diminish,  restrict  or  impair  any  of  the  individual  rights 
mentioned  in  the  present  title,  without  a  previous  amendment  to  the 
Constitution,  except  in  the  cases  provided  for  by  the  latter. 

Title  IV. — Suffrage. 

Art.  49.  All  citizens  over  21  years  of  age  are  entitled  to  the  exercise 
of  suffrage,  except  those  who  may  be  under  a  judicial  interdiction 
and  those  who  are  judicially  disfranchised  on  account  of  crime. 

The  law  may  j^rovide  that  certain  elections  be  held  in  two  grades, 
and.  in  this  case,  it  shall  determine  the  qualifications  of  the  electors 
of  the  second  grade. 

The  election  of  the  President  an4  Vice-President  of  the  Republic 
-hall  always  be  made  by  the  direct  vote  of  the  citizens.^ 

Art.  50.  The  laws  shall  fix  the  degree  of  responsibility  incurred 
by  public  officials  who,  by  their  acts,  encroach  on  the  rights  recog- 
nized in  this  title. 

Title  V. — The  Public  Powers. 

Art.  51.  The  government  of  the  Republic  is  divided  into  three 
powers,  namely :  Legislative,  executive  and  judicial. 

Art.  52.  All  the  public  powers  are  limited  and  exercise  their  re- 
spective attributions  separately. 

Title  VI. — ^The  Legislative  Power. 

Art.  53.  The  legislative  power  is  exercised  by  a  body  called  the 
National  Assembly,  composed  of  as  many  deputies  as  correspond  to 
the  electoral  districts,  at  the  rate  of  one  for  every  10,000  inhabitants 
and  one  in  addition  for  a  fraction  of  not  less  than  5,000,  elected  for 
a  period  of  four  years. 

There  shall  be  substitutes  to  take  the  places  qf  the  regular  incum- 
bents in  case  they  fail  to  appear  absolutely  or  temporarily. 

Art.  54.  The  National  Assembly  shall  meet,  without  the  necessity 
of  a  call,  in  the  capital  of  the  Republic,  every  two  years,  on  the  first 
day  of  September. 

Art.  55.  The  duration  of  the  regular  sessions  of  the  National 
Assembly  shall  be  ninety  days,  which,  in  case  of  necessity,  the  As- 

1  This  paragraph  was  added  by  Article  4  of  the  L^islative  Act  of  14  March  1917 
(below,  p.  478). 


464  CONSTITUTIONS   or   THE  STATES  AT  WAK. 

sembly  itself  shall  extend  for  as  much  as  thirty  days.  The  President 
of  the  Republic  may  call  an  extra  session  for  such  period  as  he  may 
indicate  and  to  deal  exclusively  with  such  matters  as  he  may  submit 
to  it. 

Art.  56.  To  be  a  deputy  to  the  National  Assembly,  it  is  required  to 
be  a  citizen  in  the  exercise  of  his  rights  and  to  have  attained  the  age 
of  25  years. 

Art.  57.  The  members  of  the  National  Assembly  shall  not  be 
responsible  for  their  opinions  or  votes,  given  orally  or  in  writing, 
in  the  discharge  of  their  duties,  and  at  no  time  or  by  any  authority 
shall  they  be  prosecuted  on  this  account. 

Art.  58.  The  President  of  the  Republic,  the  secretaries  of  State,  the 
magistrates  of  the  Supreme  Court  of  Justice  and  the  Attorney-Gen- 
eral of  the  nation  shall  not  be  elected  deputies  to  the  Assembly  unless 
six  months  after  they  have  ceased  to  exercise  their  functions.  Citi- 
zens who  have  exercised  the  executive  power  shall  be  affected  by  the 
same  disability. 

Art.  59.  In  like  manner  no  other  official  shall  be  eligible  as  a  dep- 
uty to  the  Assembly  who  is  vested  with  jurisdiction  or  command  in 
an  electoral  district  and  has  exercised  his  authority  therein  ninety 
days  before  the  day  of  election. 

Art.  60.  For  twenty  days  before  the  opening  of  the  sessions,  dur- 
ing the  said  sessions  and  for  twenty  days  thereafter,  no  member  of 
the  National  Assembly  shall  be  subject  to  (Timinal  trial  without  the 
assent  of  the  Assembly. 

In  cases  of  flagrcmte  delicto^  the  culprit  may  be  arrested  and  im- 
mediately placed  at  the  disposal  of  the  said  body.  Members  shall 
likewise  be  free  from  civil  actions  during  the  same  period. 

Art.  61.  No  increase  of  per  diem  or  mileage  allowances  shall  be- 
come effective  until  after  the  term  of  the  members  of  the  Assembly 
which  voted  the  said  increase  shall  have  expired. 

Art.  62.  The  deputies  of  the  Assembly  shall  not  enter,  directly  or 
indirectly,  into  any  contract  with  the  administration,  nor  shall  they 
accept  from  any  one  powers  of  attorney  to  transact  business  con- 
nected with  the  government. 

Art.  63.  In  cases  of  temporary  or  permanent  absence  of  a  member 
of  the  National  Assembly,  his  place  shall  be  filled  by  the  legal  sub- 
stitute. 

When  any  deputy  withdraws  from  the  sessions,  or  is  replaced  by  a 
substitute,  the  former  shall  be  entitled  to  the  mileage  of  the  journey 
to  the  capital  and  the  latter  to  that  of  the  return  to  his  own  domicile. 

Art.  64.  The  President  of  the  Republic  shall  not  confer  on  the 
deputies  of  the  Assembly  other  offices  than  those  of  secretary  of 
State,  governor  of  a  province,  or  diplomatic  or  consular  agent. 


PANAMA.  465 

The  acceptance  of  any  one  of  those  offices  shall  cause  the  deputy  to 
lose  his  seat. 

Art.  65.  The  legislative  functions  of  the  National  Assembly  are : 

1.  To  issue  national  codes  and  the  laws  necessary  for  the  admin- 
istration of  the  government  in  all  its  branches,  and  to  revise  or  re- 
peal them. 

2.  To  determine  the  flag  and  the  coat-of-arms  of  the  Republic. 

3.  To  create  or  abolish  offices,  and  specify  their  functions,  duties 
and  attributions ;  to  fix  the  terms  of  office  and  to  designate  salaries. 

4.  To  grant  or  refuse  its  approval  to  public  treaties  negotiated 
by  the  executive  power:  without  such  approval  they  can  neither  be 
i-atified  nor  exchanged. 

5.  To  approve  or  disapprove  contracts  or  agreements  made  by 
the  President  of  the  Republic  with  private  persons,  companies  or 
political  entities,  in  which  the  nation  may  be  interested,  if  they 
have  not  been  previously  authorized,  or  if  the  formalities  prescribed 
by  the  National  Assembly  have  not  been  observed,  or  if  any  of  the 
stipulations  therein  contained  are  not  in  accordance  with  the  law 
authorizing  them. 

6.  To  grant  authority  to  the  executive  power  to  conclude  treaties, 
negotiate  loans,  alienate  national  property  and  exercise  other  func- 
tions within  the  limits  of  the  Constitution. 

7.  To  declare  war,  and  to  authorize  the  executive  power  to  make 
peace. 

8.  To  designate  the  place  where  the  supreme  branches  of  the 
public  powers  must  be  located. 

9.  To  divide  the  territory  of  the  Republic  into  electoral  districts. 

10.  To  define  or  regulate  the  appropriation  or  adjudication  of 
-public  lands. 

11.  To  fix  the  strength  of  the  standing  army  in  time  of  peace. 

12.  To  organize  the  national  police. 

13.  To  promote  and  encourage  public  education,  sciences  and  arts. 

14.  To  decree  the  construction  of  public  buildings  which  may  be 
necessary  for  the  State,  and  of  all  other  public  works  which  are  to 
be  undertaken  at  national  expense. 

15.  To  promote  and  subsidize  useful  or  beneficial  enterprises 
worthy  of  furtherance  and  support. 

16.  To  enact  such  laws  as  shall  be  proper  for  taking  the  census 
of  the  population  and  gathering  national  statistics. 

17.  To  grant  amnesties,  but  if  any  civil  liability  is  incurred  with 
respect  to  private  persons,  the  Republic  shall  be  obliged  to  pay  the 
indemnities. 

18.  To  organize  the  public  credit. 


466  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

19.  To  acknowledge  the  national  debt  and  regulate  the  service 
thereof. 

20.  To  make  appropriations  for  the  expenses  of  the  administra- 
tion, upon  examination  of  the  estimates  presented  by  the  executive 
power,  which  may  or  may  not  be  approved. 

If  for  any  reason  whatever  the  appropriation  bill  is  not  passed  by 
the  National  Assembly,  the  act  of  the  preceding  year  shall  continue 
in  force. 

21.  To  create  such  imposts,  taxes  and  revenues  as  may  be  neces- 
sary to  carry  on  the  public  service. 

22.  To  decree  the  alienation  of  national  property  or  its  applica- 
tion to  public  uses. 

23.  To  determine  the  fineness,  weight,  value,  form,  type,  and 
denominations  of  the  national  coins,  and  to  regulate  the  system  of 
weights  and  measures. 

24.  To  increase  or  diminish  the  number  of  provinces  and  munici- 
pal districts,  and  to  change  their  boundaries. 

25.  To  frame  regulations  for  its  internal  administration. 
Art.  66.  The  judicial  functions  of  the  National  Assembly  are: 

1.  To  take  cognizance  of  charges  and  complaints  made  against 
the  President  of  the  Republic  or  the  person  in  charge  of  the  executive 
power,  in  cases  involving  their  responsibility,  the  secretaries  of  State, 
the  magistrates  of  the  Supreme  Court  of  Justice  and  the  Attorney- 
General  of  the  nation. 

2.  To  try  the  President  of  the  Republic  or  the  person  in  charge  of 
the  executive  power,  in  accordance  with  this  Constitution ;  the  secre- 
taries of  State,  the  magistrates  of  the  Supreme  Court  of  Justice  and 
the  Attorney- General  of  the  nation,  when  charged  with  offenses  com- 
mitted in  the  performance  of  their  functions,  against  the  safety  of 
the  State,  the  free  operation  of  the  public  powers  or  in  violation  of 
the  national  Constitution  and  laws. 

The  procedure  to  be  followed  in  such  cases  and  the  penalties  to 
imposed  shall  be  determined  by  law. 

Art.  67.  The  executive  functions  of  the  National  Assembly  a 

1.  To  inspect  the  credentials  of  its  own  members  and  to  deci 
whether  or  not  the  said  credentials  are  in  the  form  prescribed  by  lawj_. 

2.  To  rehabilitate  those  who  have  lost  citizenship. 

3.  To  accept  or  refuse  to  accept  the  resignations  of  the  Preside 
of  the  Republic  or  the  Designates  {Designados). 

When,  for  any  reason,  the  National  Assembly  fails  to  elect  Des- 
ignates, those  formerly  elected  shall  continue  as  such  in  their  order. 

*  Practically  repealed  by  Article  9  of  the  Legislative  Act  of  14  March  1917  (below, 
p.  479).  This  clause  originally  read  as  follows:  "To  elect  at  the  ordinary  session,  and 
for  a  term  of  two  years,  three  Designates,  who,  in  the  absence  of  the  President  of  the 
Republic  and  in  the  order  of  their  election,  shall  exercise  the  executive  power." 


W*. 


PANAMA.  467 

5.  To  appoint  the  judges  of  the  Court  of  Accounts. 
().  To  appoint  a  fiscal  inspector  of  all  the  treasury  offices  of  the 
Republic. 

7.  To  appoint  commissions  for  the  demarcation  of  the  boundaries 
of  the  nation. 

8.  To  call  upon  the  secretaries  of  State  for  such  oral  or  written 
reports  as  it  may  need. 

9.  To  examine  and  finally  approve  at  each  ordinary  session  the 
general  account  of  the  treasury  submitted  by  the  executive  power. 

10.  To  grant  leaves  of  absence  to  the  President  of  the  Republic  or 
to  the  person  in  charge  of  the  executive  power. 

11.  To  permit  or  refuse  the  sojourning  of  foreign  war- vessels  in 
the  ports  of  the  Republic  when  the  stay  is  longer  than  two  months. 

AuT.  68.  The  National  Assembly  is  forbidden : 

1.  To  allow  by  decree  gratuities,  indemnities,  pensions  or  other- 
expenditures  not  intended  for  the  settlement  of  debts  or  rights  recog- 
nized in  accordance  with  the  existing  law,  except  as  provided  in 

Article  65. 

2.  To  pass  acts  of  proscription  or  persecution  against  persons  or 
corporations. 

3.  To  pass  resolutions  of  approval  or  censure  of  official  acts. 

4.  To  make  suggestions  to  public  officers.^ 

Title  VII. — The  Executive  Power. 

Art.  69.  The  executive  power  is  exercised  by  a  migstrate  to  be 
called  President  of  the  Republic,  who  shall  have  for  the  discharge 
of  his  functions  the  number  of  secretaries  determined  by  law. 

The  President  shall  enter  upon  the  discharge  of  his  constitutional 
functions  on  the  first  day  of  October  following  that  of  his  election, 
and  shall  remain  in  office  for  a  term  of  four  years. 

The  law  shall  determine  the  names  of  the  departments  and  the 
order  of  precedence  of  the  secretaries. 

Art.  to.  To  be  President  of  the  Republic  it  is  required : 

1.  To  be  a  Panaman  by  birth. 

2.  To  be  at  least  35  years  of  age.^ 

Art.  71.  The  President-elect  of  the  Republic,  or  the  citizen  who 
takes  his  place,  shall  assume  possession  of  his  charge  before  the  presi- 
dent of  the  Assembly  and  shall  take  the  following  oath  of  office: 

I  swear  before  God  and  before  the  country  that  I  shall  faithfully  comply  with 
the  Constitution  and  the  laws  of  Panama, 

Art.  72.  If,  for  any  reason  whatever,  the  President  of  the  Republic 
can  not  assume  possession  before  the  president  of  the  National  As- 

1  Seo  Article  6  of  the  Legislative  Act  of  14  March  1917  (below,  p.  478). 

2  See  Article  7  of  the  Legislative  Act  of  14  March  1917  (below,  p.  478). 


468  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 


urt  01 


sembly,  he  shall  do  so  before  the  president  of  the  Supreme  Court 
Justice,  and  failing  this,  before  tAvo  witnesses. 

Art.  73.  The  attributions  of  the  President  of  the  Republic  are :    m 

1.  To  appoint  and  remove,  freely,  the  secretaries  of  State,  the 
governors  of  the  provinces  and  persons  holding  any  national  offices 
whatsoever,  whose  appointment  does  not  belong  to  other  officials  or 
bodies.  M 

2.  To  see  to  the  preservation  of  public  order.  ■ 

3.  To  conduct  the  diplomatic  and  commercial  relations  with  other 
nations,  freely  to  appoint  and  receive  the  respective  agents,  and  to 
conclude  public  treaties  and  conventions  which  shall  be  submitted 
to  the  NatixDnal  Assembly  for  its  approval. 

4.  To  take  care  that  the  National  Assembly  shall  meet  on  the  day 
appointed  by  the  Constitution  or  by  the  resolution  or  decree  by 
which  extraordinary  sessions  may  be  called,  and  to  take  in  good  time 
the  necessary  measures  for  the  payment  to  the  deputies  of  the  mileage 
allowed  them  by  law. 

5.  To  submit  at  the  beginning  of  each  legislature,  on  the  first  day 
of  its  ordinary  sessions,  a  message  relating  to  the  affairs  of  the 
administration. 

6.  To  furnish  the  Assembly  with  such  special  reports  as  the 
latter  may  request. 

7.  To  sanction  and  promulgate  the  laws,  obey  them  and  see  to 
their  exact  execution. 

8.  To  submit  to  the  National  Assembly,  within  the  first  ten  days 
of  the  regular  sessions,  the  budget  of  receipts  and  expenditures  for 
the  following  two  years,  and  the  general  account  of  the  budget  and 
of  the  treasury. 

9.  To  supervise  the  collection  and  administration  of  the  revenues 
of  the  Republic  and  to  order  their  disbursement  in  accordance  with 
the  laws. 

10.  To  conclude  administrative  contracts  for  the  performance  of 
services  and  the  execution  of  public  works  in  accordance  with  the 
fiscal  laws,  with  the  obligation  iof  reporting  thereon  to  the  Assembly 
in  its  ordinary  sessions. 

11.  To  grant  patents  of  useful  inventions  in  conformity  with  the 
laws. 

12.  To  issue  naturalization  papers  in  conformity  with  the  laws. 

13.  To  allow  Panamans,  who  request  it,  to  accept  positions  or 
distinctions  from  foreign  governments. 

14.  To  control,  regulate  and  supervise  national  public  instruction. 
16.  To  take  care  that  the  public  institutions  of  the  nation  are 

properly  conducted. 

16.  To  sanction,  promulgate  and  enforce  all  sanitary  regulations 
enacted  by  the  National  Board  of  Health. 


PANAMA.  469 

17.  To  appoint  the  magistrates  of  the  Supreme  Court  of  Justice, 
the  Attorney- General  of  the  nation,  and  the  public  prosecutors  and 
their  deputies,  in  accord  with  the  conditions  required  by  law.^ 

18.  To  grant  pardons  to  those  guilty  of  political  oifenses  and 
commutations  of  sentences,  in  accordance  with  the  law  regulating  the 
exercise  of  this  power.- 

19.  To  grant  military  grades,  according  to  the  Constitution  and 
the  laws. 

20.  To  dispose  of  the  public  forces  as  supreme  chief  of  the  nation. 
Art.  74.  All  acts  of  the  President  of  the  Republic,  except  the  ap- 
pointments or  removals  of  his  secretaries  of  State,  shall  be  without 
any  validity  or  force  unless  they  are  countersigned  by  the  secretary 
of  the  department  to  which  they  pertain,  who  ipso  facto  becomes 
responsible  therefor. 

Art.  75.  The  President  of  the  Republic  or  the  person  in  charge 
of  the  executive  power  may  discontinue  the  discharge  of  his  duties 
during  a  leave  of  absence  which  shall  be  granted  by  the  National 
Assembly,  or,  during  the  recess  of  the  latter,  by  the  Supreme  Court 
of  Justice. 

In  case  of  illness,  a  previous  notice  to  either  body  will  suffice. 

Art.  76.  The  President,  in  the  exercise  of  his  functions  and  in 
the  public  interest,  may  visit,  for  such  time  as  he  may  deem  proper, 
any  part  of  the  Republic. 

Art.  77.  The  emoluments  allowed  by  law  to  the  President  of  the 
Republic  shall  not  be  changed  during  the  term  for  which  they  have 
been  fixed. 

Art.  78.  The  President  of  the  Republic,  or  whoever  acts  in  his 
place,  shall  be  held  responsible  only  in  the  following  cases: 

1.  For  going  beyond  his  constitutional  powers. 

2.  For  committing  acts  of  violence  or  coercion  in  elections,  or  pre- 
venting the  constitutional  meeting  of  the  National  Assembly,  or  ob- 
structing the  latter  and  the  other  public  bodies  or  authorities  estab- 
lished by  the  Constitution,  in  the  exercise  of  their  functions. 

3.  For  high  Ifreason. 

In  the  first  two  cases  the  penalty  shall  be  no  other  than  removal 
from  office,  and,  if  the  President  has  ceased  to  exercise  his  functions, 
the  penalty  shall  be  disqualification  from  holding  any  other  public 
office. 

In  the  latter  case  the  common  law  shall  be  applied. 

Art.  79.  In  the  temporary  or  permanent  absence  of  the  President 
of  the  Republic,  the  executive  power  shall  be  vested  in  one  of  the 
Designates  ^  in  the  order  in  which  they  have  been  elected. 


*  See  Article  8  of  the  Legislative  Act  of  14  March  1917  (below,  p.  478). 

2  As  amended  by  the  Law  of  19  September  1906. 

3  See  Article  9  of  the  Legislative  Act  of  14  March  1917  (below,  p.  479). 


470  CONSTITUTIONS   OF  THE   STATES  AT  WAR.  n 

The  only  cases  of  pennanent  absence  of  the  President  are  his  death, 
his  accepted  resignation  or  his  removal. 

The  person  in  charge  of  the  executive  power  shall  enjoy  the  same 
preeminence  and  exercise  the  same  attributions  as  the  President  of  the 
Republic,  whose  place  he  fills. 

Art.  80.  To  be  a  Designate  {Desigruvdo)  the  same  qualifications 
shall  be  required  as  for  being  President  of  the  Republic. 

Art.  81.  When  in  the  absence  of  the  President  the  vacancy  can  not 
for  any  reason  be  filled  by  the  Designate,  the  Presidency  shall  be 
exercised  by  the  secretary  of  State  whom  the  Cabinet  Council  selects 
by  a  majority  of  votes. 

Art.  82.  A  citizen  who  has  been  elected  President  of  the  Republic 
shall  not  be  reelected  for  the  following  term,  if  he  has  filled  the  office 
of  President  within  the  eighteen  months  immediately  preceding  the 
new  election.^ 

Art.  83.  Citizens  called  upon  to  fill  the  office  of  President  and 
having  so  filled  it  within  the  six  months  preceding  the  date  of  elec- 
tion of  the  new  President,  and  any  relative  of  his  within  the  fourth 
civil  degree  of  consanguinity  or  the  second  of  affinity,  shall  also  be 
barred  from  election  to  this  office.^ 

Title  VIII. — The  Departments  or  State. 

Art.  84.  The  distribution  of  business  according  to  its  nature 
among  the  several  departments  of  State  devolves  upon  the  President 
of  the  Republic. 

Art.  85.  In  order  to  be  a  secretary  of  State  the  same  qualifications 
are  necessary  as  for  being  a  deputy  to  the  National  Assembly.  m 

Art.  86.  The  secretaries  of  State  are  the  sole  organs  of  communicaH 
tion  between  the  executive  power  and  the  National  Assembly;  they 
may  introduce  bills  and  take  part  in  the  debates.  M 

Art.  87.  Each  secretaiy  of  State  shall  present  to  the  National 
Assembly,  within  ten  days  after  the  beginning  of  each  legislature,  a 
detailed  report  or  memorial  on  the  condition  of  the  business  of  his 
department  and  on  such  reforms  as  he  may  deem  advisable  to  intrc 
duce. 

Art.  88.  The  National  Assembly  may  summons  the  secretaries 
State  to  appear  before  it  whenever  advisable. 

Art.  89.  The  Cabinet  Council  shall  be  composed  of  all  the  seci 
taries  of  State  and  shall  be  presided  over  by  the  President  of  tl 
Republic. 

1  See  Article  10  of  the  Legislative  Act  of  14  March  1917  (below,  p.  479). 
*  See  Article  11  of  the  Legislative  Act  of  14  March  1917  (below,  p.  479). 


PANAMA.  471 

Title  IX. — The  Judicial  Power. 

Art.  90.  The  judicial  power  shall  be  exercised  in  the  Republic  by 
a  Supreme  Court  of  Justice,  by  such  inferior  and  ordinary  courts  as 
the  laAY  may  establish,  and  by  any  other  special  tribunals  or  commis- 
sions which  may  be  created  in  accordance  with  public  treaties. 

The  Assembly  shall  exercise  certain  judicial  functions. 

Art.  91.  The  Supreme  Court  of  Justice  shall  consist  of  five  magis- 
trates, appointed  for  four  years.^  There  shall  be  five  substitutes,  also 
appointed  for  four  years,  who  shall  fill,  in  their  order,  any  temporary 
vacancy. 

In  the  event  of  permanent  vacancy  a  new  appointment  shall  be 
made. 

The  magistrate  who  accepts  a  government  office  shall  vacate  his 
position. 

Art.  92.  The  appointment  of  the  magistrates  and  judges  of  the 
ordinary  courts,  which  the  law  may  establish,  shall  be  made  by  the 
court  or  judge  immediately  superior  in  rank. 

Art.  93.  To  be  a  magistrate  of  the  Supreme  Court  of  Justice  it  is 
required  to  be  a  Panaman  by  birth  or  by  adoption,  to  have  resided 
in  the  Republic  for  over  fifteen  years,  to  be  over  30  years  of  age, 
to  be  in  the  full  enjoyment  of  civil  and  political  rights,  to  be  a  grad- 
uate in  law,  or  have  practiced  at  least  for  ten  years  as  a  lawyer  of 
good  standing,  or  discharged,  during  an  equal  period,  the  duties  of 
judge  or  prosecuting  attorney,  and  to  have  never  been  sentenced  for 
common  offenses. 

The  same  qualifications  shall  be  required  of  magistrates  of  the 
courts  of  justice  that  may  be  established  by  law. 

Art.  94.  No  magistrate  or  judge  shall  be  suspended  from  his  office 
except  in  the  cases  and  with  the  formalities  provided  by  law,  nor 
shall  he  be  removed  except  by  virtue  of  a  judicial  sentence. 

Art.  95.  The  law  shall  determine  the  cases  of  criminal  character 
which  shall  be  tried  by  jury. 

Art.  96.  Justice  shall  be  administered  gratuitously  throughout 
the  territory  of  the  Republic. 

Art.  97.  The  law  shall  determine  the  salaries  of  the  officers  of  the 
judiciary,  and  such  salaries  shall  be  neither  increased  nor  decreased 
during  the  term  for  which  such  officers  shall  have  been  appointed. 

Title  X. — The  Making  of  Laws. 

Art.  98.  Laws  shall  originate  in  the  National  Assembly  at  the  sug- 
gestion of  its  members  or  of  the  secretaries  of  State. 

»  See  Article  8  of  the  Legislative  Act  of  14  March  1917  (below,  p.  478). 


472  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 


I 


Exempt  from  this  provision  are  laws  concerning  civil  jurispru- 
dence and  judicial  procedure,  which  shall  not  be  enacted  except  at 
the  suggestion  of  the  respective  standing  committees  of  the  Assem- 
bly, or  of  the  magistrates  of  the  Supreme  Court  of  Justice. 

Art.  99.  No  legislative  act  shall  become  law  until  it  shall  have  re- 
ceived the  approval  of  the  National  Assembly  in  three  debates  on 
separate  days,  a  majority  of  the  votes  and  the  sanction  of  the  execu-^ 
tive  power.  ^ 

Art.  100.  The  second  debate  on  a  bill  shall  not  be  closed,  nor  shall 
the  bill  be  voted  on  in  a  third  debate,  without  the  presence  of  a  ma- 
jority of  the  members  composing  the  Assembly. 

Art.  101.  After  a  bill  is  passed  by  the  Assembly,  it  shall  be  sent  to, 
the  executive  power,  and  if  approved,  it  shall  be  promulgated  as 
law\    If  not  approved,  it  shall  be  returned  to  the  Assembly  with  aj 
statement  of  the  objections  thereto. 

Art.  102.  The  executive  power  has  6  days  to  return  a  bill  with  hisj 
objections,  w^hen  the  said  bill  shall  consist  of  not  more  than  50  arti- 
cles; 10  days,  when  the  bill  contains  from  51  to  200  articles;  and  15| 
days,  when  there  are  more  than  200  articles. 

Art.  103.  If,  at  the  expiration  of  those  terms,  the  executive  power] 
fails  to  reurn  the  bill  with  his  objections,  the  bill  shall  become  a  law] 
and  shall  be  promulgated.  But  if  the  Assembly  adjourns  before- 
the  expiration  of  the  said  terms,  it  shall  be  the  duty  of  the  executive! 
poAver  to  publish  the  bill,  whether  approved  or  objected  to,  within j 
ten  days  after  the  date  of  adjournment  of  the  National  Assembly. 

Art.  104.  All  bills  objected  to  in  their  entirety  by  the  executive 
poAver  shall  be  reconsidered  by  the  Assembly  in  third  debate ;  those 
objected  to  only  in  part  shall  be  reconsidered  in  second  debate  for  th( 
sole  purpose  of  taking  the  objection  of  the  executive  power  inU 
account. 

Art.  105.  The  executive  power  shall  sanction  every  bill  which,  hav 
ing  been  reconsidered,  shall  be  passed  by  a  two-thirds  vote  of  the 
deputies  present  at  the  debate,  provided  that  their  number  be  not  les^ 
than  that  required  for  a  quorum. 

If  the  executive  power  objects  to  a  bill  on  the  ground  of  unconsti- 
tutionality, and  the  National  Assembly  insists  upon  its  passage,  th( 
bill  shall  be  referred  to  the  Supreme  Court  of  Justice,  which  shall 
render  its  decision  within  six  days.  If  the  action  of  the  Assembly  h 
sustained  by  the  Court,  the  executive  powder  shall  be  bound  to  sanc- 
tion and  promulgate  the  bill  as  a  law ;  if  the  bill  is  pronounced  \m-\ 
constitutional,  it  shall  be  sent  to  the  archives. 

Art.  106.  If  the  executive  power  fails  to  sanction  the  laws  withinj 
the  time  and  under  the  condition  set  forth  in  this  title,  they  shall  be 
sanctioned  and  published  by  the  president  of  the  Assembly. 


PANAMA.  473 

Art.  107.  Every  law  shall  be  promulgated  within  six  days  after 
its  approval. 

Art.  108.  The  laws  may  be  accompanied  by  an  explanatory  pre- 
amble, and  their  enacting  clause  shall  be  as  follows :  "  The  National 
Assembly  of  Panama  decrees." 

Art.  109.  Bills  upon  which  no  action  has  been  taken  at  a  session 
shall  not  be  reintroduced  except  as  new  bills  in  another  session. 

Title  XI. — Public  Prosecution. 

Art.  110.  Public  prosecution  shall  be  conducted  by  an  Attorney- 
General  of  the  Nation,  by  the  public  prosecutors  and  deputies,  and 
by  such  other  officers  as  the  law  may  designate.  Municipal  deputies 
shall  be  elected  by  the  executive  power  out  of  lists  of  three  presented 
by  the  respective  municipal  councils.  When  one  of  the  list  of  three 
has  been  elected,  the  other  two  shall  be  held  as  substitutes  in  the 
oi'der  established  by  the  executive  power.^ 

Art.  111.  It  shall  be  the  duty  of  the  officers  in  charge  of  public 
prosecution  to  defend  the  interests  of  the  nation;  to  see  to  the  en- 
forcement of  the  laws,  execution  of  judicial  sentences  and  adminis- 
trative orders;  to  watch  the  official  acts  of  public  officials  and  to  pros- 
scute  offenses  and  misdemeanxDrs  that  disturb  social  order. 

Art.  112.  The  term  of  office  of  the  Attorney-General  shall  be  four 
years.- 

Art.  113.  The  same  qualifications  as  are  required  to  be  a  magistrate 
of  the  Supreme  Court  of  Justice  shall  be  required  to  be  Attorney- 
General  of  the  nation. 

Art.  114.  The  special  duties  of  the  Attorney-General  of  the  nation 
shall  be : 

1.  To  see  that  all  the  public  officials  in  the  service  of  the  nation 
properly  discharge  their  duties. 

'1.  To  arraign  before  the  Supreme  Court  such  officials  as  must  be 
tried  by  that  body. 

3.  To  see  that  the  other  officers  of  public  prosecution  faithfully 
discharge  their  duties  and  to  take  appropriate  action  to  hold  them 
responsible  for  all  derelictions  committed  by  them. 

>  4.  To  appoint  and  remove  at  his  discretion  all  his  immediate  sub- 
ordinates, and  such  other  duties  as  the  law  may  ascribe  to  him. 

Title  XII. — The  National  Treasury. 

Art.  115.  The  Republic  of  Panama  holds  in  ownership: 

1.  All  property  within  the  territory  that  belonged,  by  whatsoever 
title,  to  the  Republic  of  Colombia. 

1  Tho  last  two  sentences  were  added  by  Article  12  of  the  Legislative  Act  of  14  March 
1917    (bolow,   p.   479). 

-  Sep  Article  2  of  the  same  Act  (below,  pp.  477-478). 

88381—19 31 


474  CONSTITUTIONS   OF  THE   STATES   AT  WAR. 

2.  The  rights  and  actions  which  the  Republic  of  Colombia  had 
within  or  without  the  country  by  reason  of  the  sovereignty  it  exer- 
cised over  the  territory  of  the  Isthmus  of  Panama. 

3.  The  property,  revenues,  lands,  securities,  rights  and  actions 
that  belonged  to  the  former  Department  of  Panama. 

4.  The  vacant  lands,  salt  deposits,  lode  and  placer  mines,  or 
mines  of  any  other  character,  and  those  of  precious  stones,  without 
prejudice  to  lawfully  acquired  rights. 

Art.  116.  The  power  of  coining  money  of  legal  tender,  of  whatever 
description,  is  vested  in  the  nation  and  can  not  be  transferred.  There 
shall  be  no  private  banks  of  issue. 

Art.  117.  No  paper  money  shall  be  made  legal  tender  in  the  Re- 
public. Consequently,  it  shall  be  optional  for  any  one  to  refuse  notes 
or  other  certificates,  whether  it  be  of  official  or  of  private  origin,  in 
which  he  has  no  confidence. 

Art.  118.  The  landed  property  in  the  Republic  shall  not  be  trans- 
ferable to  foreign  governments,  except  as  stipulated  in  public  treaties 

Art.  119.  No  expenditure  of  public  money  shall  be  made  without 
authority  of  law. 

No  moneys  appropriated  for  one  purpose  shall  be  applied  to  an}' 
other  purpose  not  provided  for  in  the  budget. 

Art.  120.^  The  executive  power  can  not  vote  an  extraordinary  al- 
lowance, except  in  the  following  cases : 

1.  Whenever  any  public  calamity  occurs. 

2.  Whenever  there  is  need  to  attend  to  some  obligations  which 
affect   national   honor   or   unavoidable   expenses    for   internation 
courtesy. 

3.  In  case  of  disturbance  of  public  order. 
These  allowances  shall  be  granted  by  the  Cabinet  under  the  joint 

responsibility  of  the  President  and  his  secretaries  of  State,  and  the 
reasons  for  this  action  shall  be  recorded  in  each  case  and  submitted 
to  the  National  Assembly  at  its  ordinary  sessions.  M 

Art.  121.  No  indirect  tax  shall  be  collected  or  increased  until  three 
months  after  the  date  of  the  promulgation  of  the  law  establishing 
the  same. 


I 


1 


lAs  amended  by  Article  13  of  the  Legislative  Act  of  14  March  1917   (below,  p.  480 
This  article  originally  read  as  follows  : 

"  Should  the  necessity  arise  to  make  an  expenditure,  which  in  the  judgment  of  the 
executive  power  can  not  be  avoided,  during  a  recess  of  the  National  Assembly  and  fo: 
which  no  fund   or  an  insufficient  fund  may  have  been  appropriated,  an  additional   o; 
extraordinary  allowance  may  be  granted  to  the  department  concerned. 

Such  allowance  shall  be  granted  by  the  Cabinet  Council,  under  its  joint  responsibilit; 
and  the  reasons  for  this  action  shall  be  recorded. 

The  approval  of  such  allowances  belongs  to  the  National  Assembly." 


tie 

1 


PANAMA.  475 

Title  XIII. — The  Public  Force. 

Akt.  i'2'2.  All  Panamans  are  bound  to  take  up  arms  whenever  de- 
manded by  public  necessity,  for  the  defense  of  national  independence 
and  the  institutions  of  the  country. 

The  law  shall  determine  the  conditions  for  exemption  from  mili- 
tary service. 

Art.  123.  The  law  shall  organize  the  military  service  and  the  na- 
tional police. 

Art.  12^1.  The  nation  may  maintain  a  standing  army  for  its  de- 
fense. 

Impressment  is  prohibited. 

Art.  125.  The  public  force  is  not  a  deliberative  organization.  It 
shall  not  assemble  unless  by  order  of  the  lawful  authority  and  shall 
not  make  petitions  except  upon  subjects  relating  to  the  good  service 
and  the  morality  of  the  arnn%  and  in  accordance  with  the  laws  of 
their  establishment.^ 

Art.  126.  Offenses  committed  by  military  persons  w^iile  on  active 
duty,  or  in  connection  therewith,  shall  be  tried  by  courts-martial,  or 
military  tribunals,  in  accordance  with  the  provisions  of  the  Military 
Code. 

Art.  127.  The  national  government  alone  shall  have  the  power  to 
import  and  manufacture  arms  and  ammunition. 

Title  XIV.— The  Provinces. 

Art.  128.  There  shall  be  in  each  province  a  governor,  whose  ap- 
pointment and  removal  shall  be  at  the  pleasure  of  the  President  of 
the  Republic,  and  whose  powers  and  duties  shall  be  defined  by  law. 

Art.  129.  There  shall  be  in  each  municipal  district  a  corporation 
that  shall  be  styled  municipal  council  and  consist  of  the  number  of 
members  determined  by  law  and  elected  directly  by  popular  vote. 

Art.  130.  Municipal  districts  are  autonomous  as  to  their  internal 
affairs,  but  they  can  not  contract  debts  without  the  authorization  of 
the  National  Assembly. 

Art.  131.  The  municipal  councils  shall,  by  means  of  their  own 
resolutions  or  of  regulations  issued  by  technical  boards  or  commis- 
sions, provide  all  that  may  be  necessary  for  the  government  of  the 
district;  levy  local  taxes  and  make  local  expenditures  within  the 
bounds  established  by  the  fiscal  system  of  the  nation,  and  exercise 
such  other  functions  as  may  be  ascribed  to  them  by  law. 

Art.  132.  There  shall  be  in  each  municipal  district  a  mayor  ap- 
pointed as  provided  by  law,  whose  duty  it  shall  be  to  discharge  ad- 
ministrative functions  in  the  municipality  as  the  agent  of  the  gover- 
nor and  mandatory  of  the  people. 

1  See  Article  14  of  the  Legislative  Act  of  14  March  1917  (below,  p.  480). 


I 


476  CONSTITUTIONS   OF  THE   STATES  AT  WAB. 

Title  XV. — General  Provisions. 

Art.  133.  Primary  instruction  shall  be  compulsory,  and,  when 
public,  shall  be  free.  There  shall  also  be  schools  of  arts  and  trades 
and  institutions  of  secondary  and  professional  instruction  at  the  ex- 
pense of  the  nation. 

The  law  shall  decentralize  public  instruction  and  assign  to  it  spe 
cial  revenues. 

Art.  134.  There  shall  be  in  Panama  no  office  whose  powers  and 
duties  shall  not  be  particularized  by  law  or  regulations,  and  no 
public  officer  shall  receive  two  or  more  salaries  from  the  national 
treasury  except  under  the  provisions  that  may  be  made  by  law  in 
special  cases. 

Art.  135.  Ministers  of  religious  denominations  shall  not  hold  any 
office,  employment  or  public  trust  in  the  Republic,  whether  personal^ 
civil  or  military,  except  such  positions  as  are  connected  with  public 
charity  or  education. 

Art.  136.  The  government  of  the  United  States  of  America  shall 
have  the  power  to  intervene  in  any  part  of  the  Republic  of  Panama 
to  reestablish  public  peace  and  constitutional  order,  in  the  event  o: 
their  being  disturbed,  if  the  said  nation,  by  public  treaty,  assumes 
the  obligation  of  guaranteeing  the  independence  and  sovereignty  o 
this  Republic. 

Title  XVI. — Amendments  to  the  Constitution. 

Art.   137.  This   Constitution  may  be  amended  through   a  legis- 
lative measure  enacted  in  legal  form,  transmitted  by  the  govern-_ 
ment  to  the  next  ordinary  National  Assembly  for  its  final  considera- 
tion, discussed  anew  by  the  later  and  approved  by  two  thirds  of  the 
members  constituting  the  Assembly. 

Title  XVII. — Transitory  Provisions. 

Art.  138.  In  order  to  secure  for  posterity  a  part  of  the  pecunian 
advantages  derived  from  the  negotiations  for  the  construction  of 
the  interoceanic  canal,  the  sum  of  six  million  dollars  is  hereby  set 
aside  for  investment  in  securities  bearing  a  fixed  annual  interest: 
The  said  investment  shall  be  regulated  by  law. 

Art.  139.1 

Art.  140.  The  first  President  of  the  Republic  shall  be  elected  b^ 
the  National  Convention  by  an  absolute  majority  of  votes  on  the  dai 

1  Repealed  by  the  Legislative  Act  of  14  March  1917.     This  article  read  as  follows 

"  The  law  shall  impose  the  penalty  of  death  only  for  murder  when  accompanied  bj 

circumstances  of  atrocious  character ;   and  this  shall  be  done  only  as  long  as  no  gooc 

penal  establishments  or  real  penitentiaries  exist  in  the  Republic." 


PANAMA.  477 

of  the  promulgation  of  this  Constitution.  He  shall  take  possession 
of  the  post  inmiediately  and  shall  exercise  his  functions  until  30  Sep- 
tember 1908. 

The  Designates  shall  be  elected  on  the  same  day  as  the  President, 
and  their  term  of  office  shall  expire  on  30  September  1906. 

Art.  141.  Any  citizen  who  has  taken  an  active  part  in  securing  the 
independence  of  the  Republic  may,  even  if  not  a  Panaman  by  birth, 
be  elected  the  first  constitutional  President  of  the  Republic  of  Pan- 
ama. 

Art.  142.  As  soon  as  this  Constitution  is  sanctioned  by  the  board  of 
provisional  government  of  the  Republic,  the  Convention  shall  lose 
its  character  as  such  and  assume  all  the  fimctions  attributed  to  the 
National  Assembly,  the  prohibition  contained  in  Article  64  not  ap- 
plying to  the  delegates  to  the  Convention. 

Art.  143.  Before  the  date  on  which  the  first  National  Assembly  is 
to  meet,  the  Constitutional  National  Convention  shall  again  exercise 
the  legislative  functions,  whenever  it  may  be  called  in  extraordinary 
session  by  the  executive  power. 

Art.  144.  The  first  National  Assembly  shall  meet  on  1  September 
1906. 

Art.  145.  All  the  acts  of  the  board  of  provisional  government  from 
3  November  1903  to  15  January  of  the  present  year  are  hereby  ex- 
pressly ratified.  ^ 

Art.  146.  Existing  monopolies  and  other  privileges  shall  continue 
until  the  expiration  of  the  respective  lawful  contracts,  unless  it  is 
found  possible  to  reach  some  equitable  agreements  with  the  posses- 
sors thereof  for  their  immediate  termination. 

Art.  147.  All  laws,  decrees,  regulations,  orders  and  other  provi- 
sions which  may  be  in  force  at  the  time  this  Constitution  is  promul- 
gated shall  continue  to  be  observed,  in  so  far  as  they  are  not  contrary 
to  it  or  to  the  laws  of  the  Republic  of  Panama. 

Art.  148.  This  Constitution  shall  take  effect,  as  far  as  the  supreme 
branches  of  the  government  are  concerned,  from  the  day  on  which  it 
is  sanctioned :  and  as  far  as  the  Republic  is  concerned,  fifteen  days 
fifter  its  publication  in  the  Gdbceta  Oficial. 

LEGISLATIVE  ACT  OF  14  MARCH  1917  AMENDING  THE  CONSTI- 
TUTION.^ 

Article  1.  There  shall  be  no  death  penalty  in  Panama. 

Art.  2.  The  National  Assembly  shall  elect  by  the  absolute  majority 
of  the  votes  of  the  total  number  of  its  members  the  Attorney-General 
of  the  nation  and  two  substitutes  who  shall  replace  the  former  when 

1  Translated  by  Antonio  M.  Opisso  from  the  official  Spanish  text. 


478  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 


■ 

lected 


I 

I 


I 


permanently  or  temporarily  absent.     These  officials  shall  be  electe 
for  a  period  of  five  years.  — 

Section.  In  the  event  of  absence  for  any  reason  of  the  sittinjj 
and  substitute  Attorney-Generals,  the  executive  poAver  may,  during 
the  recess  of  the  National  Assembly,  fill  such  vacancy  until  the  As- 
sembly shall  meet  either  in  ordinary  or  extraordinary  session  and 
proceed  to  a  new  election. 

Art.  3.  Any  person  may  engage  in  any  honest  trade  or  occupatio] 
for  which  he  may  be  fitted.     The  law  and  the  authorities  shall  reg 
late  or  inspect  the  professions  and  industries  as  to  everything  per 
taining  to  the  individual  aptitude  and  morality  and  public  safet 
and  health. 

Art.  4.  At  the  end  of  Article  49  the  following  clause  shall  be 
added : 

The  election  of  the  President  and  Vice-President  of  the  Republic  shall  always 
be  made  by  the  direct  vote  of  the  citizens. 

Art.  5.  Governors  of  provinces  and  mayors  of  the  districts  sha 
be  elected  by  popular  direct  vote  and  for  a  period  of  four  years. 
The  first  election  for  these  offices  shall  be  made  in  1920. 

Art.  6.  The  National  Assembly  is  hereby  forbidden : 

1.  To  charge  to  the  public  treasury  any  indemnity  which  has  not 
been  previously  declared  by  the  judicial  power,  or  to  approve  any 
items  for  payment  of  pensions  or  retirements  which  have  not  been 
previously  granted  in  accordance  with  the  pre-existing  general  laws. 

2.  To  decree  the  banishment  or  prosecution  of  persons  or  cor- 
porations. 

3.  To  pass  resolutions  in  praise  of  official  acts. 

Art.  7.  The  term  of  office  of  the  President  of  the  Republic  shall  be 
four  years.  Children  of  Panaman  father  or  mother  born  abroad 
may  be  elected  President  or  Vice-President  of  the  Republic,  provided 
they  have  chosen  Panaman  nationality  and  have  resided  in  the 
country  for  over  20  years.  ^ 

Panaman  citizens  born  in  Colombia  who  took  part  in  the  movj 
ment  of  separation  of  Panama  and  who  were  members  of  the  pro- 
visional government  of  the  Republic  may  also  be  elected  Preside]^ 
or  Vice-President  of  the  Republic.  f 

Art.  8.  Clause  17  of  Article  73  of  the  Constitution  shall  be  thus 
amended : 

17.  To  appoint,  according  to  the  conditions  required  by  the  Constitution  and 
the  laws,  the  magistrates  of  the  Supreme  Court  of  Justice  for  a  period  of  five 
years,  renewing  one  every  year,  and  the  public  prosecutors  for  a  period  of  four 
years. 

Transitory  paragraph.  The  magistrates  first  appointed  in  accordance  with 
the  foregoing  provision  shall  hold  office  for  the  following  periods:  The  first 
shall  hold  office  1  year ;  the  second,  2  years ;  the  third,  3  years ;  the  fourth,  4 
years;  and  the  fifth,  5  years  of  the  ordinary  constitutional  period. 


PANAMA.  479 

This  provision  shall  go  into  force  in  1920. 

Art.  9.  When  a  temporary  or  absolute  vacancy  of  the  office  of  the 
President  of  the  Republic  shall  occur,  the  executive  power  shall  be 
exercised  by  a  magistrate  who  shall  be  known  as  the  Vice-President 
of  the  Republic  and  who  shall  be  elected  on  the  same  day  and  in  the 
same  manner  and  for  the  same  period  as  the  President. 

Sect.  1.  Only  death,  resignation  or  dismissal  of  the  President  shall 
cause  absolute  vacancy. 

Sect.  2.  When  the  Vice-President  should  substitute  the  President 
during  the  latter's  temporary  absence,  he  shall  use  the  title  of  Vice- 
President  of  the  Republic  in  charge  of  the  executive  power ;  when  he 
should  fill  the  office  by  reason  of  absolute  vacancy,  he  shall  assume 
the.  title  of  President  of  the  Republic. 

Sect.  3.  Whenever  in  this  Constitution^  or  in  the  laws  reference 
is  made  to  the  Designates  for  the  executive  power,  it  shall  be  under- 
stood that  the  magistrate  to  whom  said  provisions  are  applicable  is 
the  Vice-President. 

Sect.  4.  Whenever  an  absolute  vacancy  of  the  office  of  President 
or  Vice-President  occurs,  the  secretary  of  State  elected  by  a  majority 
of  votes  at  a  cabinet  meeting  shall  take  charge  provisionally  while 
the  Assembly  convenes  in  extraordinary  session  for  the  sole  purpose 
of  appointing  the  President  and  the  Vice-President  of  the  Republic 
for  the  remainder  of  the  running  period. 

Art.  10.  A  citizen  who  has  been  elected  President  of  the  Republic 
can  not  be  reelected  for  the  term  immediately  following.  Neither 
can  a  citizen,  who,  having  been  called  to  fill  the  office  of  President 
by  reason  of  absolute  vacancy  of  the  titular  President,  has  held  such 
office  for  any  length  of  time,  be  elected  President  of  the  Republic 
for  the  term  immediately  following. 

Art.  11.  A  citizen  who  has  been  called  to  fill  the  Presidency  of  the 
Republic  by  reason  of  accidental  or  temporary  absence  of  the  titular 
President  and  who  should  have  exercised  such  office  within  the  six 
months  preceding  the  day  of  the  election  for  the  new  President,  can 
not  be  elected  to  that  office  for  the  term  immediately  following. 

Section.  The  prohibitions  established  in  regard  to  the  election  of 
President  of  the  Republic  shall  be  made  extensive  to  those  persons 
related  to  the  ineligible  citizen  within  the  fourth  degree  of  consan- 
guinity and  the  second  degree  of  affinity. 

Art.  12.  The  following  clause  shall  be  added  to  Article  110  of 
the  Constitution : 

Municipal  deputies  shall  be  elected  by  the  executive  power  out  of  lists  of 
•hree  presented  by  the  respective  municipal  councils.  When  one  of  the  list  of 
three  has  been  elected,  the  other  two  shall  be  held  as  substitutes  in  the  order 
established  by  the  executive  power. 

^  See  Articles  79  and  following. 


480  CONSTITUTIONS   OF  THE   STATES  AT   WAR. 

Art.  13.  Article  120  shall  read  as  follows : 

The  executive  power  can  not  vote  an  extraordinary  allowance,  except  in  the 
following  cases: 

1.  Whenever  any  public  calamity  occurs. 

2.  Whenever   there  is   need   to   attend   to   some   obligations   which   affec 
national  honor  or  unavoidable  expenses  for  international  courtesy. 

3.  In  case  of  disturbance  of  public  order. 
These  allow^ances  shall  be  granted  by  the  Cabinet  under  the  joint  responsi- 
bility of  the  President  and  his  secretaries  of  State,  and  the  reasons  for  this 
action  shall  be  recorded  in  each  case  and  submitted  to  the  National  Assembly 
at  its  ordinary  sessions. 


I 


Art.  14.  The  public  military  or  police  force  is  not  a  deliberative 
organization.  Its  members  can  not  take  part  in  electoral  matters 
nor  vote.  They  shall  not  assemble,  unless  by  order  of  the  proper  au- 
thority, and  shall  not  make  petitions,  except  upon  subjects  relating 
to  the  good  service  and  the  morality  of  the  army  or  of  the  police,  and 
in  accordance  with  the  laws  of  their  establishment. 

Art.  15  {transitory).  The  deputies  elected  in  1918  shall  remain  i 
office  for  six  years.    The  following  elections  shall  take  place  in  1924, 
and  shall  continue  thereafter  to  be  held  every  four  years,  the  same 
days  as  the  elections  for  President.  M 

Art.  16.  Article  139  of  the  National  Constitution  is  hereby  abro- 
gated; Articles  68,  79,  82,  83,  112,  120  and  125  and  Clause  4  of  Ar- 
ticle 67  are  subrogated,  and  Articles  70  and  91  thereof  are  modified. 


\ 


I 


PERSIA. 

The  form  of  government  in  Persia  up  to  the  year  1906  was,  in  its 
most  important  features,  similar  to  that  of  Turkey.  The  Shah, 
within  the  limitations  imposed  by  the  Mohammedan  religion,  was  an 
absolute  ruler,  generally  regarded  by  the  people  as  the  vice-gerent 
of  the  Prophet.  As  a  result  of  the  troubles  provoked  by  the  unpopu  • 
larity  of  the  grand  vizier  (Ain-ed-Douleh),  the  Shah  (Mozaffer-ed- 
Din)  published  a  rescript  ^  under  date  of  5  August  1906  (14  Jomadu 
II  1324)  announcing  that  "  a  National  Council  {Mejlis)  w^ould  be 
elected  from  among  the  princes,  savants,  Kajars,  nobles,  proprietors, 
business  men  and  workmen,"  to  deliberate  upon  necessary  reforms. 
An  Electoral  Law  was  published  on  9  September  (20  Rajab)^  and 
elections  w^ere  held  in  the  beginning  of  October.  On  7  October  the 
Shah  opened  in  person  the  First  Mejlis.  Its  leaders  rapidly  drew  up 
a  Constitution,  which  the  Shah  signed  on  30  December  (14  Dul- 
kaada),  a  few  days  before  his  death.  His  son,  Mohammed  Ali,  suc- 
ceeded him  (8  January  1907).  Although  the  new  Shah  was  opposed 
to  representative  government  and  vigorously  opposed  all  efforts  of 
the  constitutionalist  party,  the  latter  won  over  the  leaders  of  the  con- 
servatives, and,  as  a  result,  the  Shah  accepted,  on  7  October  1907 
(29  Shaaban  1325),  the  Supplementary  Constitutional  Law. 

The  First  Mejlis  was  forcibly  dissolved,  with  bloodshed,  by  the 
notorious  Colonel  Liakhoff,  the  Russian  commander  of  the  Shah's 
Cossack  brigade,  in  the  co^Mp  d^etat  of  23  June  1908,  and  a  rescript 
was  issued  on  22  November  which  abolished  the  Constitution.  Civil 
war  became  so  intense  that  Russia  determined  to  employ  military 
intervention.  The  profound  impression  produced  in  Persia  by  the 
fall  of'  the  Sultan  Abdul  Hamid  II  at  Constantinople  caused  the 
Shah  to  sign  a  rescript  reestablishing  the  old  Constitution  "  withoTit 
any  alteration "  and  opening  the  parliament,  but,  before  a  new 
electoral  law  could  be  drafted,  constitutionalist  troops  occupied  Te- 
heran (13  July  1909).  Three  days  later  an  extraordinary  assembly 
of  representatives  of  the  Persian  people  deposed  the  Shah  Mo- 
hammed Ali,  and,  in  conformity  with  the  Constitution,  proclaimed 

1  English  ti-anslation  of  the  Shah's  firman  is  given  in  British  and  Foreiffn  State  Papers, 
101:  p.  526;  E.  G.  Browne,  The  Persian  Revolution  of  1905-1909  (Cambridge,  1910),  pp. 
353-3r)4  ;  and  E,  G.  Buownk,  A  Brief  Narrative  of  Recent  Events  in  Persia  (London, 
1909),  pp.  65-66. 

2  English  translation  in  Browne.  The  Persian  Revolution,  pp.  355-361,  and  A  Brief 
Narrative,  pp.  67-74  ;  French  translation  in  the  Anmiaire  de  legislation  ^trangdre,  36 
(1906)  :   pp.   754-757. 

481 


482  CONSTITUTIONS  OF   THE   STATES  AT  WAK. 

his  minor  son,  Ahmed  Mirza,  Shah  under  a  regency,  which  was  ter- 
minated on  21  July  1914,  when  the  young  Shah  was  declared  to 
be  of  age/ 


CONSTITUTION  OF  30  DECEMBER  1906.2 
[Preamble.] 

In  the  name  of  God  the  All  Merciful ! 

Whereas  by  Our  Firman  of  5  August  1906,^  We  commanded  the 
institution  of  a  National  Assembly  for  the  progress  and  welfare  of 
the  State  and  nation,  the  strengthening  of  the  foundations  of  the 
kingdom  and  the  carrying  out  of  the  laws  of  His  Holiness  the 
Prophet;  and  whereas,  in  accordance  with  the  clause  by  which  it  is 
provided  that,  as  each  individual  member  of  the  State  has  a  right 
to  take  part  in  the  superintendence  and  decision  of  public  affairs, 
We  therefore  have  permitted  the  election  and  appointment  of  deputies 
on  behalf  of  the  nation;  and  whereas  the  National  Assembly  has 
been  opened  through  Our  gracious  benevolence,  We  have  decreed 
the  following  articles  of  constitutional  regulations  for  the  National 
Assembly,  including  the  duties  and  functions  of  the  Assembly  and 
its  limitations  and  relations  towards  government  departments. 

The  Institution  of  the  Assembly.  ^^^ 

Article  1.  The  National  Assembly  has  been  instituted  in  accord- 
ance  with  the  Imperial  Firman  of  5  August  1906. 

Art.  2.  The  National  Assembly  is  the  representative  of  the  whole 
Persian  nation,  which  shares  in  political  and  domestic  affairs. 

Art.  3.  The  National  Assembly  shall  be  composed  of  members 
elected  at  Teheran  and  in  the  provinces,  and  the  place  of  their  meet- 
ing shall  be  at  Teheran. 

Art.  4.  The  number  of  deputies  for  Teheran  and  the  province 
is  at  present,  in  acordance  with  an  Electoral  Law  separately  pre 
mulgated,  162  persons,  but  if  necessary  may  be  increased  to  200. 

Art.  5.  The  deputies  shall  be  elected  for  two  whole  years.  Thil 
period  shall  begin  from  the  day  on  whi-ch  all  the  provincial  deputies 

^  These  introductory  paragraphs  are  based  upon  E.  G.  Browne,  The  Persian  Constitu- 
tional Movement  (London,  1918)  ;  F.  R.  Dareste  et  P.  Darbste,  Les  Constitutions 
modemes  (Paris,  1910),  vol.  ii,  pp.  684-685;  and  the  two  works  by  Browne  mentioned 
in  note  1,  p.  481.     Cf.  also  The  Statesman's  Year-look   (1916,  1917  and  1918). 

2  Translation  based  upon  the  English  translations  in  the  British  Parliamentary  Paper 
Persia.  No.  1  {1909)  (London,  1909)  [Cd.  4581]  ;  British  and  Foreign  State  Papers,  101: 
pp.  527-534;  E.  G.  Browne,  The  Persian  Revolution  of  1905-1909  (Cambridge,  1910), 
pp.  362-371 ;  and  E.  G.  Browne,  A  Brief  Narrative  of  Recent  Events  in  Persia  (London, 
1909),  pp.  75-86. 

*  See  above,  p.  481,  note  1. 


PERSIA.  483 

assemble  at  Teheran.  After  the  hipse  of  two  years  deputies  must 
be  aofain  elected,  but  the  people  are  at  liberty  to  reelect  members  if 
they  are  pleased  witli  them. 

Art.  6.  The  Teheran  deputies  shall  have  the  option  of  instituting 
the  Assembly  and  starting  discussion  and  debates.  Their  decisions 
by  majority  during  the  absence  of  the  provincial  deputies  will  be 
valid,  and  are  to  be  carried  out. 

Art.  7.  When  'debates  are  started,  at  least  two  thirds  of  the  mem- 
bers must  be  present,  and  when  questions  are  put  to  the  vote,  three 
quarters  of  the  members  present  give  their  votes.  A  majority  shall 
be  obtained  only  when  more  than  half  of  those  present  in  the  As- 
sembly record  their  votes. 

Art.  8.  The  time  of  recess  and  of  sitting  of  the  National  Assembly 
shall  be  fixed  by  the  Assembly  itself,  according  to  the  internal  regu- 
lations. After  the  summer  recess,  the  Assembly  must  again  sit  and 
begin  its  labors  on  8  October,  which  is  the  date  of  the  celebration  of 
the  opening  of  the  First  Assembly. 

Art.  9.  The  National  Assembly  may  convene  extraordinary  sit- 
tings during  the  recess. 

Art.  10.  When  the  Assembly  opens,  an  address  must  be  submitted 
to  His  Imperial  Majesty,  and  it  shiall  afterwards  have  the  honor  of 
receiving  an  answer  from  that  royal  and  august  quarter. 

Art.  11.  As  soon  as  members  of  the  National  Assembly  join,  they 
must  take  and  subscribe  to  the  following  oath : 

Form  of  the  Oath. 

We  who  have  signed  below  invite  God  to  be  our  witness,  and  we  take  oath 
by  the  Koran  that,  so  long  as  the  rights  of  the  Assembly  and  the  members  of 
the  Assembly  are  protected  and  carried  out  in  accordance  with  these  regula- 
tions, we  will  carry  out  the  duties  entrusted  to  us,  as  well  as  possible,  with 
the  greatest  sincerity  and  straightforwardness,  and  to  our  best  ability,  and  we 
will  be  true  and  truthful  to  our  just  Sovereign,  and  will  not  be  traitors  to  the 
foundations  of  sovereignty  or  the  rights  of  the  nation,  and  we  will  have  no 
other  object  but  the  advantage  and  the  interests  of  the  government  and  nation 
of  Persia. 

Art.  12.  No  person  on  any  pretext  whatever,  shall  have  the  right 
to  proceed  against  any  member  of  the  Assembly,  without  the  knowl- 
edge and  approval  of  the  National  Assembly.  Should  by  chance  one 
of  the  members  be  guilty  of  a  public  offense  or  crime,  and  should  he 
be  arrested  in  -flagrante  delicto^  the  carrying  out  of  punishment  must 
be  with  the  loiowledge  of  the  Assembly. 

Art.  13.  In  order  that  the  result  of  the  discussions  of  the  National 
Assembly  should  be  carried  out,  their  proceedings  must  be  public. 
Newspaper  reporters  and  the  public  have  the  right  to  be  present 
and  to  listen,  in  accordance  with  the  internal  regulations,  but  without 


484  CONSTITUTION-S   OF   THE   STATES   AT  WAR. 

the  right  of  speaking.  Newspapers  may  print  all  the  debates  of  the 
Assembly  without  altering  their  meaning,  so  that  the  public  should 
be  aware  of  all  their  proceedings.  Everyone,  subject  to  his  paying 
due  regard  to  the  public  good,  may  discuss  them  in  the  public  press, 
so  that  no  matter  should  be  hidden  from  anyone.  Therefore,  all 
newsj^apers,  so  long  as  their  publications  are  not  contrary  to  any  of 
the  articles  of  the  Constitution  of  the  nation  or  State,  are  empow 
ered  to  print  matters  of  public  utility,  such  as  the  debates  of  the 
Assembly  and  the  observations  of  the  people  on  those  debates. 
Should  any  one  publish  an  untrue  report  of  the  debates  with  personal 
motives,  or  make  a  libel,  he  will  render  himself  liable  to  an  inquiry, 
proceedings  and  punishment,  according  to  law. 

Art.  14.  The  National  Assembly,  in  accordance  with  separate 
regulations  entitled  the  internal  regulations,  shall  regulate  its  own 
personal  affairs,  such  as  the  election  of  a  president,  a  vice-preuJ.e  t 
secretaries,  and  other  oflSicers,  as  well  as  the  debates,  etc. 

The  DuTiPis  of  the  Assembly  and  Its  Limitations  and  Rights. 

Art.  15.  The  National  Assembly  has  the  right  to  discuss  truth- 
fully and  sincerely  all  matters  it  considers  to  be  desirable  in  the 
interests  of  the  State  and  nation  to  investigate;  and,  subject  to  the 
approval  of  a  majority,  to  submit  them  in  the  enjoyment  of  the  ut- 
most safety  and  confidence,  with  the  approval  of  the  Senate,  to  His 
Imperial  Majesty  the  Shah,  through  the  Prime  Minister  of  the  State, 
for  His  Majesty's  signature,  and  to  be  then  put  into  execution. 

Art.  16.  In  general,  all  laws  necessary  for  the  strengthening  of 
the  government  and  kingdom,  and  the  regulation  of  State  affairs, 
and  for  the  establishment  of  ministries,  must  receive  the  sanction  of 
the  National  Assembly. 

Art.  17.  The  necessary  bills  for  making  new  laws,  or  for  the  altera- 
tion, amplification,  or  cancellation  of  existing  laws,  shall,  when  de- 
sirable, be  prepared  by  the  National  Assembly  to  be  submitted  to 
His  Imperial  Majesty  the  Shah  for  signature  with  the  approval  of  th( 
Senate,  and  to  be  then  put  into  execution. 

Art.  18.  The  regulation  of  financial  matters,  the  modification  of 
the  budget,  the  alteration  of  the  arrangement  of  taxation,  the  re- 
fusal or  acceptance  of  impositions,  as  well  as  the  inspections  which, 
will  be  undertaken  by  the  government,  shall  be  done  with  the  ap- 
proval of  the  Assembly. 

Art.  19.  The  Assembly  will  have  the  right  for  the  purpose  of  re- 
forming financial  matters  and  facilitating  the  relations  of  the  gov- 
ernors and  the  apportioning  of  the  provinces  of  Persia,  and  the  re- 
appointment of  governors,  after  the  Senate  has  given  its  approval,  to 


PERSIA.  485 

demand  from  the  government  authorities  that  the  decision  arrived 
at  should  be  carried  out. 

Art.  20.  The  budget  of  each  ministry  must  be  finished  for  the  suc- 
ceeding year  in  the  last  half  of  each  year,  and  must  be  ready  fifteen 
days  before  the  Festival  of  the  Nawriiz.^ 

Art.  21.  Should  it  be  necessary  with  regard  to  the  constitutional 
laws  of  the  ministries  to  make  a  new  law,  or  to  alter  or  cancel  exist- 
ing laws,  it  will  be  done  with  the  consent  of  the  National  Assembly, 
whether  its  necessity  be  first  pointed  out  by  the  Assembly  or  by  the 
responsible  minister. 

Art.  22.  Whenever  a  part  of  the  revenue  or  property  of  the  gov- 
ernment or  State  is  to  be  sold,  or  a  change  of  frontier  or  border  be- 
comes necessary,  it  will  be  done  with  the  approval  of  the  National 
Assembly. 

Art.  23.  Without  the  approval  of  the  National  Assembly  no  con- 
cession whatever  for  the  formation  of  companies  or  associations  shall 
be  granted  by  the  government. 

Art.  24.  Treaties,  conventions,  the  granting  of  concessions,  monop- 
olies, either  commercial,  industrial,  or  agricultural,  whether  the  other 
party  be  a  native  or  a  foreigner,  can  only  be  done  with  the  approval 
of  the  National  Assembly.  Treaties  which  it  may  be  in  the  interests 
of  the  government  or  nation  to  keep  secret  are  excepted. 

Art.  25.  All  government  loans  of  any  nature  whatsoever,  whether 
internal  or  foreign,  will  be  made  with  the  knowledge  and  approval  of 
the  National  Assembly. 

Art.  26.  The  construction  of  railways  or  roads,  whether  the  cost 
be  defrayed  by  the  government,  by  associations  or  companies,  whether 
native  or  foreign,  can  only  be  undertaken  with  the  approval  of  the 
National  Assembly. 

Art.'  27.  Should  the  Assembly  find  in  any  place  a  fault  in  the  laws 
or  an  irregularity  in  their  fulfilment,  it  will  draw  the  attention  of 
the  responsible  minister  to  the  same,  and  he  will  have  to  give  the 
necessary  explanations. 

Art.  28.  Should  a  minister,  in  contravention  of  one  of  the  laws 
which  have  received  the  imperial  sanction,  by  misrepresentations  ob- 
tain the  issue  of  a  written  or  verbal  order  from  His  Imperial  Majesty 
the  Shah,  and  excuse  himself  thereby  for  his  delay  and  negligence,  he 
will  by  law  be  responsible  to  His  Imperial  Majesty  the  Shah. 

Art.  29.  Whichever  minister  who  in  a  matter  or  matters  should  not 
be  able  to  answer  for  his  actions  in  accordance  with  the  laws  ap- 
proved by  His  Imperial  Majesty,  and  if  it  should  be  apparent  that  he 
has  broken  the  law  and  transgressed  the  stipulated  limitations,  the 

1  The  Nawrtiz,  or  Persian  New  Tear's  Day,  falls  about  21  March  in  each  year. 


486  CONSTITUTIOl^S   OF  THE  STATES  AT  WAE. 

Assembly  will  petition  His  Imperial  Majesty  for  his  dismissal,  am 
when  his  fault  has  been  determined  by  the  courts  of  justice  he  will 
not  again  be  allowed  to  serve  the  government. 

Art.  30.  The  National  Assembly  has  the  right  whenever  it  considers 
it  desirable  to  make  petitions  direct  to  His  Imperial  Majesty  by  the 
means  of  a  body  composed  of  the  president  and  six  members  elected 
by  the  six  classes.  The  time  for  the  audience  must  be  arranged  for 
through  the  Minister  of  Court. 

Art.  31.  Ministers  have  the  right  to  be  present  at  the  sessions  of 
the  National  Assembly,  and  to  sit  in  the  place  set  apart  for  them, 
and  to  hear  the  debates  of  the  Assembly;  and  should  they  think  it 
necessary,  they  may  ask  the  president  for  permission  to  speak  and 
give  the  necessary  explanations  for  the  discussion  and  investigation 
of  affairs. 

The  Statement  or  Affairs  to  the  National  Assembly. 

Art.  32.  Any  individual  member  of  the  public  may  make  a  state- 
ment of  his  case,  or  complaints  or  criticisms,  to  the  office  of  the 
Assembly,  and,  if  the  matter  concerns  the  Assembly  itself,  a  satisfy- 
ing answer  will  be  given  to  him ;  but  should  the  matter  concern  one 
of  the  ministries,  it  will  be  sent  to  that  ministry  for  investigation, 
and  in  order  that  a  satisfying  answer  be  given. 

Art.  33.  New  laws  which  are  necessary  will  be  prepared  at  the  re- 
sponsible ministries,  and  will  be  given  to  the  National  Assembly  by 
the  responsible  minister  or  by  the  Prime  Minister,  and  after  receiv- 
ing the  approval  of  the  Assembly  will  receive  His  Imperial  Majesty's 
sign-manual  and  be  put  into  execution. 

Art.  34.  The  president  of  the  Assembly  can,  if  necessary,  of  his  own 
initiative  or  by  the  desire  of  ten  members  of  the  Assembly  or  of  a' 
minister,  form  a  secret  commiitee,  without  the  presence  of  newspaper 
reporters  or  spectators,  composed  of  a  number  of  persons  chosen  from 
among  the  members  of  the  Assembly,  at  which  the  other  members  of 
the  Assembly  will  not  have  the  right  to  attend.  The  result  of  the 
deliberations  of  the  secret  committee  can,  however,  only  be  put  into 
execution  when  the  secret  committee  in  the  presence  of  three  quarters 
of  the  persons  elected  accept  the  point  at  issue  by  a  majority  of  votes, 
and  if  the  matter  be  not  passed  by  the  secret  committee,  it  will  not  be 
stated  in  the  Assembly  and  will  remain  secret. 

Art.  36.  Should  the  secret  committee  be  instituted  by  the  president 
of  the  Assembly,  he  has  the  right  to  inform  the  public  of  any  part  of 
it  he  thinks  fit ;  but  if  the  secret  committee  is  instituted  by  a  minister, 
the  publication  of  the  debate  can  only  be  subject  to  that  minister's 
permission. 


PERSIA.  487 

Art.  36.  Any  one  of  the  ministers  may  withdraw  at  any  stage  of  its 
progress  any  matter  put  before  the  Assembly  by  him,  excepting  when 
his  statement  is  called  forth  by  the  initiative  of  the  Assembly,  in 
which  case  the  withdrawal  of  the  subject  must  be  subject  to  the  agree- 
ment of  the  Assembly. 

Art.  37.  Should  the  bill  of  any  minister  not  be  passed,  it  will  be 
returned  with  the  observations  of  the  Assembly.  The  responsible 
minister  can,  after  refusing  or  accepting  the  criticisms  of  the  Assem- 
bly, send  it  to  the  Assembly  a  second  time. 

Art.  38.  The  members  of  the  National  Assembly  must  definitely  and 
explicitly  either  refuse  or  accept  the  points  at  issue,  and  no  one  will 
have  the  right  to  influence  them  in  giving  their  decisions.  A  refusal 
or  acceptance  on  the  part  of  the  members  of  the  Assembly  must  be 
made  in  such  a  manner  that  the  newspaper  reporters  and  spectators 
may  be  able  to  obfcierve  it,  that  is  to  say,  their  decision  must  be  made 
by  visible  signs,  such  as  blue  and  white  cards,  or  the  like. 

The  Statement  of  Matters  on  the  Part  of  the  Assembly. 

Art.  39.  Whenever  a  case  is  brought  up  by  a  member  of  the  Assem- 
bly, it  will  only  be  subject  to  debate  when  at  least  fifteen  members  of 
the  Assembly  approve  of  its  discussion,  in  which  case  the  matter  in 
point  will  be  submitted  in  writing  to  the  president,  who  has  the  right 
to  give  it  to  the  Committee  of  Investigation. 

Art.  40.  At  the  time  of  debate  and  inquiry  into  a  matter,  as  stated 
above  in  Article  39,  whether  by  the  Assembly  or  by  the  Committee  of 
Investigation,  should  the  matter  have  reference  to  one  of  the  respon- 
sible ministries,  the  Assembly  must  notify  the  responsible  minister, 
so  that  if  possible  he  should  attend  in  person  or  send  his  representa- 
tive in  order  that  the  discussion  should  take  place  in  the  presence  of 
the  minister  or  his  representative.  A  copy  of  the  statement  and  its 
appendices  must  be  sent  from  ten  days  to  a  month  beforehand,  with 
the  exception  of  urgent  matters,  to  the  responsible  minister.  The  day 
on  which  the  debate  will  take  place  must  likewise,  be  previously 
determined.  After  an  investigation  of  the  case  in  the  presence  of  the 
responsible  minister,  in  the  event  of  the  Assembly  approving  by  a 
majority  of  votes,  the  statement  will  be  formally  written  and  deliv- 
ered to  the  responsible  minister  in  order  that  he  should  take  the  con- 
sequential steps. 

Art.  41.  In  case  a  responsible  minister,  on  grounds  of  expediency, 
is  not  in  accord  with  the  Assembly  in  a  matter  raised  by  it,  he  must 
adduce  his  proofs  and  convince  the  Assembly. 

Art.  42.  In  any  case  concerning  which  the  National  Assembly  de- 
sires explanations  from  a  responsible  minister,  the  latter  is  obliged 


488  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 


^ 


\ 


to  supply  an  answer,  and  this  answer  must  not,  without  an  excuse 
be  delayed  beyond  a  reasonable  time,  with  the  exception  of  secret  mat- 
ters, the  secrecy  of  which  for  a  stipulated  period  is  desirable  in  the 
interests  of  the  government  and  nation,  but  after  the  expiration  of 
the  stipulated  time  the  responsible  minister  is  obliged  to  state  the 
circumstances  of  the  case  to  the  Assembly. 

The  Co^'DITIONS  of  the  Institution  or  the  Senate, 

Art.  43.  Another  assembly,  called  the  Senate,  Avill  be  constituted,— 
composed  of  sixty  members,  whose  sessions  will  coincide,  after  itn 
constitution,  with  those  of  the  National  Assembly. 

Art.  44.  The  regulations  of  the  Senate  must  receive  the  approva 
of  the  National  Assembly. 

Art.  45.  The  members  of  the  assembly  will  be  chosen  from  the 
enlightened,  intelligent,  orthodox  and  respectable  persons  of  the 
State,  thirty  persons  on  behalf  of  His  Imperial  Majesty  (fifteen 
from  the  inhabitants  of  Teheran  and  fifteen  from  the  inhabitants  of 
the  provinces)  and  thirty  persons  on  behalf  of  the  nation  (fifteen 
elected  by  the  people  of  Teheran  and  fifteen  elected  by  the  people 
of  the  provinces). 

Art.  46.  After  the  constitution  of  the  Senate  all  affairs  must  re- 
ceive the  approval  of  both  assemblies.  If  those  affairs  are  initiated 
by  the  Senate  or  by  the  body  of  ministers,  they  must  first  be  deter- 
mined in  the  Senate  and  passed  by  a  majority,  and  then  sent  to  the 
National  Assembly  for  approval ;  but  affairs  initiated  in  the  Na-_ 
tional  Assembly  will,  on  the  contrary,  pass  from  that  Assembly  tc^ 
the  Senate,  with  the  exception  of  financial  matters,  which  will  be  the 
prerogative  of  the  National  Assembly,  and  the  Senate  will  be  in- 
formed of  the  arrangements  made  by  the  Assembly  regarding  these 
affairs  in  order  that  the  Senate  may  make  its  observations  on  the 
same  to  the  National  Assembly,  which  is,  however,  at  liberty,  after 
the  necessary  investigations,  either  to  accept  or  to  refuse  the  pro- 
posals of  the  Senate. 

Art.  47.  So  long  as  the  Senate  is  not  constituted,  affairs  will  re 
quire  only  the  approval  of  the  National  Assembly  and  the  sign 
manual  of  His  Imperial  Majesty  to  be  put  into  execution. 

Art.  48.  Whenever  a  question  initiated  by  a  minister  is,  after  hav 
ing  been  passed  by  the  Senate,  referred  to  the  National  Assembl 
and  not  accepted,  and  in  the  event  of  the  matter  being  an  importan 
one,  a  third  assembly,  composed  of  an  equal  number  of  members  o 
both  assemblies  elected  by  each,  will  be  constituted  to  inquire  int 
the  subject  at  issue.  The  result  of  the  deliberations  of  this  assem 
bly  will  be  read  to  the  National  Assembly.     If  an  understanding  i 


PERSIA.  489 

leached,  so  much  the  better;  but,  if  not,  a  report  of  the  matter  will 
be  submitted  to  His  Imperial  Majesty  the  Shah.  Should  His  Im- 
perial Majesty  confirm  the  decision  of  the  National  Assembly,  it 
will  be  put  into  execution;  but  should  His  Imperial  Majesty  not  con- 
firm it.  His  Imperial  Majesty  will  command  that  the  question  be 
debated  and  investigated  afresh,  and  if  still  a  settlement  is  not  ar- 
rived at,  and  if  the  Senate  by  a  majority  of  two  thirds  votes  for  the 
dissolution  of  the  National  Assembly,  and  if  the  body  of  ministers 
separately  recommends  the  dissolution  of  the  National  Assembly,  His 
Imperial  Majesty  the  Shah's  rescript  dis^solving  the  National  As- 
sembly will  be  issued,  and  His  Imperial  Majesty  will  in  the  same 
rescript  command  that  fresh  elections  should  take  place,  and  the 
people  will  have  the  right  to  elect  the  former  deputies. 

Art.  49.  The  new  Teheran  deputies  must  be  ready  within  one 
month  and  the  provincial  deputies  witliin  three  months,  and  as  soon 
as  tlie  Teheran  deputies  are  ready  the  Assembly  will  open  and  com- 
mence its  labors,  but  they  will  not  discuss  the  points  at  issue  until 
the  provincial  deputies  arrive.     Bit'  -  '  inbers  are  pres- 

ent and  a  full  majority  vote  in  the  same  sense  as  before,  His  Im- 
perial Majesty  will  approve  the  decision  of  the  National  Assembly 
and  will  command  that  it  be  put  into  execution. 

Art.  50.  During  each  term  of  election — that  is  to  say,  during  two 
years — a  general  election  will  not  be  called  more  than  once. 

Art.  51.  It  is  decreed  that  the  sovereign  who  succeeds  Us  should 
protect  these  limitations  and  articles,  w^hich  aim  at  the  strengthen- 
ing of  the  State  and  of  the  foundations  of  the  kingdom,  and  the  pro- 
tection of  justice  and  contentment  of  the  nation,  which  We  have  de- 
ci-eed  and  put  into  execution,  and  which  they  must  look  upon  as  their 
duty  to  fnlfill.i 

SUPPLEMENTARY  CONSTITUTIONAL  LAW  OF  7  OCTOBER  1907.^ 

[Preamble.] 

In  the  name  of  God  the  Merciful,  the  Compassionate  I 

The  following  are  the  articles  which,  in  order  to  complete  the  fun- 
damental laAvs  of  the  Constitution  of  Persia,  have  been  added  to  the 
Constitutional  Law  signed  by  His  Imperial  Majesty  the  late  Mo- 
zaffer-ed-Din  Shah  Kajar  on  30  December  1906.^ 

1  Here  follow  the  attestation  and  signature  of  Mozaflfer-ed-Din  Shah  and  the  seals  of 
the  then  Crown  Prince  or  Valiahd,  Mohammed  Ali,  and  the  Grand  Vizier,  Mushir-ed- 
Dowleh. 

^^  Translation  based  upon  the  Enj^Iish  translations  in^the  British  Parliamentary  Paper 
Persia.  No.  1  (1909)  (London,  1909)  [Cd.  4581]  ;  British  and  Foreign  State  Papers,  101; 
pp.  534-542;  E.  G.  Browne,  The  Persian  Revolution  of  1905-1909  (Cambridge,  1910),  pp. 
372-384  ;  and  E.  G.  Browne,  A  Brief  Narrative  of  Recent  Events  in  Persia  (London, 
1909),  pp.  87-101. 

3  See  above,  p.  482. 

88381—19 32 


490  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

General  Provisions. 

Article  1.  The  official  religion  of  Persia  is  the  branch  of  the 
Twelve  Imams  of  the  Shiah  Sect  of  Islam.^  The  Sovereign  of  Persia 
must  profess  and  promote  this  religion. 

Art.  2.  The  National  Assembly  has  been  founded  by  the  help  of 
the  Twelfth  Imam,  the  bounty  of  His  Islamic  Majesty,  the  watch- 
fulness of  the  uleiTui  ^  and  the  common  people.  The  laws  passed  by  it 
must  never  to  all  ages  be  contrary  to  the  sacred  precepts  of  Islam 
and  the  laws  laid  down  by  the  Prophet. 

It  is  obvious  that  the  decision  as  to  whether  the  laws  passed  by 
the  Assembly  are  in  opposition  to  the  precepts  of  Islam  rests  with 
the  ulema.  It  is  therefore  officially  decreed  that  for  all  ages  a  com- 
mittee composed  of  five  persons,  who  shall  be  mujtahids  and  religious 
doctors,  and  who  also  must  be  acquainted  with  the  requirements  of 
the  times,  shall  be  elected  in  the  following  manner.  The  ulema  and 
doctors  of  Islam  who  are  recognized  by  the  Shias  as  the  centre  of 
imitation  shall  make  known  to  the  National  Assembly  the  names  of 
twenty  of  the  ulema  possessing  the  a*bove-mentioned  qualities.  The 
National  Assembly  shall,  by  agreement  or  casting  of  lots,  elect  five 
of  them  or  more,  according  to  the  requirements  of  the  age,  and  adinit 
them  as  members.  This  committee  shall  discuss  and  thoroughly 
investigate  the  bills  brought  in  by  the  National  Assembly,  and  reject, 
wholly  or  in  part,  every  one  of  these  bills  which  is  contrary  to  the 
sacred  precepts  of  Islam,  in  order  that  it  may  not  become  law.  The 
decision  of  this  committee  is  final.  This  article  will  not  be  liable 
to  change  until  the  advent  of  the  Twelfth  Imam. 

Art.  3.  The  boundaries  of  the  Kingdom  of  Persia,  or  of  its  prov 
inces,  departments  and  communes,  can  not  be  modified  except  by  law. 

Art.  4.  The  capital  of  Persia  is  Teheran. 

Art.  5.  The  official  colors  of  the  Persian  flag  are  green,  white  and 
red,  with  the  sign  of  the  lion  and  the  sun. 

Art.  6.  The  life  and  property  of  foreigners  resident  in  Persia  are 
secured  and  guaranteed,  except  in  those  cases  in  which  the  laws  of 
the  realm  make  exceptions. 

Art.  7.  The  Constitution,  in  part  or  in  its  entirety,  is  not  liable  to 
interruption. 

The  Rights  of  the  Persian  Nation. 

Art.  8.  The  people  of  Persia  shall  enjoy  equality  of  rights  before 
the  civil  law. 

^  Browne's  translation  seems  to  give  a  rendering  of  religious  terms  which  is  more  literal, 
but  less  expedient  for  the  present  purposes,  and  contains  some  ejaculatory  phrases  after 
mention  of  religious  personages  which  it  has  been  thought  expedient  to  omit  here. 

2  That  is.  the  doctors  of  theology,  especially  the  mujtahids. 


PEBSIA.  491 

Art.  9.  The  life,  property,  domicile  and  honor  of  every  individual 
is  secured  and  guaranteed  from  every  kind  of  injury.  No  one  can 
be  disturbed  except  by  order  of,  and  in  the  manner  defined  by,  the 
laws  of  the  land. 

Art.  10.  Except  when  found  in  flagrcmte  delicto  committing 
crimes,  misdemeanoi-s  or  serious  offenses,  no  one  can  be  immediately 
arrested  except  by  a  written  order  of  the  president  of  the  Tribunal 
of  Justice  in  accordance  with  the  law.  Even  then  the  offense  of 
the  accused  must  be  made  known  to  him  at  once,  or  at  the  latest 
within  24  hours. 

Art.  11.  No  one  can  be  prevented  from  appearing  before  the  court 
which  should  decide  his  case  and  be  forced  to  refer  the  matter  to 
another  court. 

Art.  12.  No  punishment  shall  be  decreed  or  executed  except  by 
law.  ^ 

Art.  13.  The  dwelling-place  and  house  of  every  individual  is  in- 
violable. In  no  dwelling-place  can  forcible  entry  be  made,  except  by 
order  of,  and  in  the  manner  defined  by,  law. 

Art.  14.  No  Persian  can  be  exiled  or  prevented  from  residing  in 
any  place,  or  forced  to  reside  in  any  place,  except  in  the  cases  defined 
by  law. 

Art.  15.  No  owner  can  be  deprived  of  his  land  except  by  sanction 
of  the  Sheri,  and  then  only  after  the  fixing  and  payment  of  a  just 
price. 

Art.  16.  The  sequestration  of  the  property  or  possessions  of  any 
person  as  a  penal  measure  is  forbidden,  except  by  order  of  law. 

Art.  it.  It  is  forbidden  to<  deprive  owners  or  possessors  of  the 
properties  or  possessions  controlled  by  them  on  any  pretext  what- 
ever except  by  order  of  law. 

Art.  18.  The  acquisition  and  study  of  arts,  letters  and  sciences  is 
fi'ee,  except  in  so  far  as  they  are  forbidden  by  the  Sheri. 

Art.  19.  The  foundation  of  schools  at  the  expense  of  the  State 
and  the  people,  and  compulsory  education,  must  be  in  accordance 
with  the  Law  of  the  Ministry  of  Sciences  and  Arts,  and  all  primary 
and  secondary  schools  must  be  under  the  direction  and  supervision 
of  that  Ministry. 

Art.  20.  All  publications,  except  heretical  works  containing  mat- 
ter harmful  to  the  religion  of  Islam,  are  free,  and  are  exempt  from 
censureship.  Whenever  anything  contrary  to  the  law  of  the  press  is 
found  in  them,  the  publisher  or  author  will  be  punished  in  accordance 
with  that  law.  If  the  author  is  well  known  and  resident  in  Persia, 
the  publisher,  printer  and  distributor  shall  be  secured  from  any 
action  being  brought  against  them. 


492  CONSTITUTIONS   OF   THE  STATES  AT   WAR. 

Art.  21.  Societies  and  associations  which  do  not  provoke  religious 
or  civil  strife  are  free  throughout  the  realm ;  but  their  members  must 
be  unarmed  and  must  obey  the  regulations  which  the  law  on  this  sub- 
ject shall  lay  down.  Meetings  in  the  high  roads  or  public  squares 
must  be  held  in  accordance  with  the  law^s  of  the  police. 

Art.  22.  Postal  communications  are  inviolable  and  exempt  from 
seizure  or  opening,  except  in  cases  in  which  the  law  makes  exception. 

Art.  23.  The  publication  or  seizure  of  telegraphic  communications 
without  the  permission  of  the  author  of  the  telegram  is  forbidden, 
except  in  cases  in  wdiich  the  law  makes  exception. 

Art.  24.  Foreign  subjects  can  acquire  Persian  nationality.  The 
acquisition,  preservation  or  divestment  of  nationality  will  be  in  ac- 
cordance with  a  separate  law. 

Art.  25.  Permission  is  not  required  to  bring  action  against  govern- 
ment officials  for  offenses  connected  with  their  duties,  except  in  the 
case  of  ministers,  in  whose  case  the  special  laws  enacted  in  this  respect 
must  be  observed. 

The  Poavers  of  the  Realm. 

Art.  26.  The  powers  of  the  realm  spring  from  the  people.     The 
Constitution  defines  the  method  of  using  those  powers. 
Art.  27.  The  powers  of  the  realm  are  divided  into  three  parts : 

1.  The  legislative  power,  whose  province  it  is  to  make  and  amend 
laws.  This  poAver  emanates  from  His  Imperial  Majesty  the  Shah, 
the  National  Assembly  and  the  Senate.  Each  one  of  these  three 
sources  possesses  the  right  of  originating  law^s;  but  their  passing  is 
conditional  to  their  not  being  contrary  to  the  laws  of  the  Sheri,  to 
the  approval  of  the  tAvo  houses  and  to  their  receiving  the  imperial 
signature.  But  the  making  and  approval  of  laAvs  relating  to  the 
revenue  and  expenditure  of  the  realm  belongs  to  the  National  As- 
sembly alone.  The  explanation  and  interpretation  of  laAvs  is  the 
peculiar  duty  of  the  National  Assembly. 

2.  The  judicial  power,  which  consists  in  the  distinguishing  of 
rights.  This  power  belongs  to  the  Sheri  tribunals  in  matters  apper- 
taining to  the  Sheri,  and  to  the  courts  of  justice  in  matters  apper- 
taining to  the  civil  law  {urf) . 

3.  The  executive  power,  which  rests  with  the  King.  That  is  to 
say,  the  laAvs  and  decrees  will  be  executed  by  the  ministers  and  offi- 
cials in  the  name  of  His  Imperial  Majesty  in  the  manner  defined  by 
law. 

Art.  28.  The  three  above-mentioned  poAvers  shall  ahvays  be  differ- 
entiated and  separated  from  one  another. 

Art.  29.  The  particular  interests  of  each  province,  department  and 
commune  shall  be  regulated  by  the  provincial  and  departmental 
councils  in  accordance  with  their  OAvn  particular  laws.  i 


PERSIA.  493 

The  Rights  of  the  Members  of  the  Assembly. 

Art.  30.  The  membei-s  of  the  National  Assembly  and  the  Senate 
represent  the  whole  nation,  not  onl}^  the  particular  classes,  provinces, 
departments,  or  communes  which  have  elected  them.  • 

Art.  fSl.  One  person  can  not  at  the  same  time  be  a  member  of  both 
houses. 

Art.  32.  As  soon  as  a  member  becomes  a  salaried  government  serv- 
ant, he  ceases  to  be  a  member.  He  can  only  become  a  member  again 
after  resignation  of  his  government  post  and  his  reelection  by  the 
people. 

Art.  33.  Each  of  the  two  houses  has  the  right  to  inquire  into  and 
investigate  all  the  affairs  of  the  kingdom. 

Art.  34.  The  discussions  of  the  Senate  while  the  National  Assem- 
bly is  not  sitting  can  have  no  effect. 

The  Rights  of  the  Persian  Crown. 

Art.  35.  The  sovereignty  is  a  trust  which,  by  the  grace  of  God,  has 
been  conferred  on  the  person  of  the  King  by  the  people. 

Art.  36,  The  constitutional  monarchy  of  Persia  is  vested  in  the 
person  of  His  Imperial  Majesty  Mohammed  Ali  Shah  Kajar  and  his 
descendants  from  generation  to  generation. 

Art.  37.  The  Valiahd,^  in  the  event  of  there  being  more  than  one 
child,  shall  be  the  eldest  son  of  the  King  whose  mother  is  a  Persian 
by  birth  and  a  Princess.  If  the  King  has  no  male  issue,  the  eldest 
male  of  his  family  who  is  next  of  kin  shall  become  Valiahd.  If,  in 
this  case,  a  male  child  is  afterwards  born  to  the  King,  the  succession 
shall  de  jv/re  revert  to  him. 

Art.  38.  In  the  event  of  the  death  of  the  King,  the  Valiahd  can  only 
govern  in  person  when  he  has  reached  the  age  of  18.  If  he  has  not 
attained  that  age,  a  Joint  Committee  of  the  National  Assembly  and 
the  Senate  shall  elect  a  Regent  to  act  for  him  until  he  reaches  the  age 
of  18. 

Art.  39.  No  King  can  ascend  the  throne  unless,  before  his  corona- 
tion, he  appear  before  the  National  Assembly,  and  in  the  presence  of 
the  members  of  the  National  Assembly  and  the  Senate  and  the  Cabi- 
net of  Ministers  swear  the  following  oath : 

I  take  the  Lord  Most  High  to  witness,  and  I  swear  by  the  Holy  Word  of  God 
and  by  all  that  is  sacred  before  God,  thnt  I  will  devote  all  ray  energy  to  preserv- 
ing the  independence  of  Persia,  guarding  and  protecting  the  limits  of  the  realm 
and  the  rights  of  the  people,  be  the  guardian  of  the  fundamental  law  of  the  Con- 
stitution of  Persia,  rule  in  accordance  with  it  and  the  laws  which  have  been 
decreed,  strive  zealously  to  propagate  the  sect  of  the  Twelve  Imams  of  the  Shia 
religion,  and  will  consider  God  Almighty  a  witness  to  my  every  act  and  deed. 

1 1,  e.,  the  Crown  prince  or  heir  apparent. 


494  CONSTITUTIONS   or   THE   STATES   AT   WAR. 

I  pray  for  the  grace  of  God,  from  Whom  alone  aid  is  derived,  and  I  ask  help  in 
my  task  of  the  pure  souls  of  the  saints  of  Islam  to  render  service  to  the  advance- 
ment of  Persia. 

Art.  40.  In  like  manner  the  person  who  has  been  elected  to  the  re- 
gency can  not  take  charge  of  affairs  unless  he  has  sworn  the  above 
oath. 

Art.^1.  On  the  event  of  the  death  of  the  King,  the  National 
Assembly  and  the  Senate  must  be  convened.  The  summoning  of  the 
two  houses  can  not  be  delayed  for  more  than  ten  days  after  the 
death  of  the  King. 

Art.  42.  If  the  mandate  of  the  members  of  both  or  one  of  the 
houses  has  come  to  an  end  in  the  life  of  the  King,  and  at  the  time  of 
his  death  the  new  members  have  not  yet  been  elected,  the  former 
members  must  meet  and  hold  session. 

Art.  43.  The  King  can  not,  without  the  approval  and  sanction  of 
the  National  Assembly  and  the  Senate,  interfere  in  the  affairs  of 
another  country. 

Art.  44.  The  King  is  absolved  from  all  responsibility.  The  min- 
isters of  State  are  responsible  to  both  houses  in  all  matters. 

Art.  45.  All  the  decrees  and  rescripts  of  the  King  relating  to  affairs 
of  State  shall  only  be  put  into  execution  when  they  have  been  signed 
by  the  responsible  minister,  who  is  responsible  for  the  accuracy  of 
the  contents  of  that  decree  or  rescript. 

Art.  46.  The  dismissal  and  appointment  of  ministers  are  by  order 
of  the  King. 

Art.  47.  The  conferring  of  military  grades,  decorations  and  hon- 
orary distinctions,  with  due  observance  of  law,  is  vested  in  the 
person  of  the  King. 

Art.  48.  The  King  has  the  right,  with  the  approval  of  the  responsi- 
ble minister,  to  choose  the  important  officials  of  the  government  de- 
partments, either  at  home  or  abroad,  except  in  cases  excepted  by  law. 
But  the  appointment  of  the  other  officials  does  not  lie  with  the  King, 
except  in  cases  defined  by  law. 

Art.  49.  The  issuing  of  decrees  and  orders  for  the  execution  of 
laws  is  one  of  the  rights  of  the  King,  but  he  may  not  delay  or  sus- 
pend the  execution  of  those  laws. 

Art.  50.  The  supreme  command  of  all  the  military  and  naval 
forces  is  vested  in  the  person  of  the  King. 

Art.  51.  The  declaration  of  war  and  the  conclusion  of  peace  are 
vested  in  the  King. 

Art.  52.  Treaties  which,  in  accordance  with  Article  24  of  the  Con- 
stitution of  30  December  1906,  must  be  kept  secret,  must,  on  the  re- 
moval of  this  necessity,  and  provided  that  the  interests  and  security 
of  the  country  demand  it,  be  communicated  by  the  King  to  the  Na- 
tional Assembly  and  the  Senate,  with  the  necessary  explanations. 


PERSIA.  495 

Art.  53.  The  secret  clauses  of  any  treaty  can  not  annul  the  public 
clauses  of  that  treaty. 

Art.  54.  The  King  can  convoke  the  National  Assembly  and  the 
Senate  in  an  extraordinary  session. 

Art.  55.  Coins  shall  be  struck,  according  to  law,  in  the  name  of 
the  King. 

Art.  56.  The  expenses  and  disbursements  of  the  imperii  house- 
]H>ld  shall  be  defined  by  law. 

Art.  57.  The  powers  and  prerogatives  of  the  King  are  only  such 
as  hare  been  defined  by  the  present  Constitution. 

The  Ministers. 

Art.  58.  Xo  one  can  become  a  minister  unless  he  be  a  Mussulman, 
a  Persian  by  birth  and  a  Persian  subject. 

Art.  59.  Princes  of  the  first  rank,  that  is  to  say,  the  sons,  brothers 
and  paternal  uncles  of  the  reigning  King,  are  not  eligible  as  min- 
isters. 

•  Art.  60.  Ministers  are  responsible  to  both  houses  and  must  appear 
whenever  they  are  summoned  by  either  of  the  two  houses.  In  the 
affairs  entrusted  to  them  they  must  observe  the  limitations  of  their 
responsibility. 

Art.  61.  Ministers,  besides  being  individually  responsible  for  the 
particular  affairs  of  their  own  ministry,  are  in  matters  of  general 
policy  jointly  responsible  to  the  two  houses  and  are  guarantors  of 
each  other's  actions. 

Art.  62.  The  number  of  ministers  will  be  fixed  by  law,  as  required. 

Art.  63.  The  title  of  "  Honorary  Minister  "  is  entirely  abolished. 

Art.  64.  Ministers  can  not  make  the  verbal  or  written  commands  of 
the  King  a  pretext  for  divesting  themselves  of  their  responsibility. 

Art.  65.  The  National  Assembly  or  the  Senate  can  accuse  and  put 
ministers  on  trial. 

Art.  66.  The  responsibility  of  ministers  and  the  punishments  to 
which  they  are  liable  will  be  defined  by  law. 

Art.  67.  If  the  National  Assembly  or  the  Senate  shall,  by  an  abso- 
lute majority,  express  dissatisfaction  with  the  Cabinet  of  Ministers  or 
with  a  single  minister,  that  Cabinet  or  that  minister  must  be  dismissed. 

Art.  68.  Ministers  can  not  undertake  any  salaried  employment 
other  than  their  own. 

Art.  69.  The  National  Assembly  or  the  Senate  shall  prosecute 
ministers  for  their  offenses  before  the  High  Court  of  Appeal.  The 
above-mentioned  court  shall  try  the  case  in  plenary  session  of  all  the 
members  of  its  ordinary  tribunal,  except  when  the  accusations  or 
claims  are  not  legally  connected  with  the  government  departments  en- 
trusted to  the  minister  but  concern  him  personally. 


496  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 


I 


Note. — Until  the  Court  of  Appeal  has  been  constituted,  a  Commis- 
sion, chosen  in  equal  numbers  from  the  members  of  the  two  houses, 
shall  act  instead  of  the  Court  of  Appeal. 

Art.  to.  The  decision  as  to  the  offense  and  the  punishment  of 
ministers  when  accused  by  the  National  Assembly  or  the  Senate,  or 
w  hen,  in  the  affairs  of  their  departments,  accusations  concerning  them 
personally  are  made  against  them,  will  be  in  accordance  with  a  special 
law.  m 

The  Powers  of  the  Tribunals.  f 


I 


Art  71.*  The  Supreme  Court  of  Justice  and  the  judicial  tribunals 
are  the  official  centers  to  which  all  suits  must  be  referred,  and  judg- 
ment in  matters  appertaining  to  the  Sheri  rests  with  the  fully  quali- 
fied mujtahids. 

Art.  72.  Suits  relating  to  political  rights  concern  the  judicial 
tribunals,  save  those  which  are  excepted  by  law. 

Art.  73.  The  choice  of  judicial  tribunals  in  cases  appertaining  to 
the  civil  law  is  decided  by  law,  and  no  person  may,  on  whatsoever 
plea,  institute  a  tribunal  contrary  to  the  decrees  of  law.  J 

Art.  74.  No  tribunal  can  be  instituted  except  by  law.  V 

Art.  75.  In  the  whole  Kingdom  only  one  Court  of  Appeal  for 
cases  relating  to  the  civil  law  will  be  instituted,  and  that  will  be  in 
the  capital.  This  High  Court  of  Appeal  will  not  try  any  case  of  the 
first  instance,  except  in  cases  relating  to  ministers.  ■ 

Art.  76.  The  sittings  of  all  tribunals  shall  be  public,  save  in  cases 
where  such  publicity  would  be  prejudicial  to  order  or  decency,  in__ 
which  case  the  necessity  will  be  announced  by  the  tribunal.  fl 

Art.  77.  In  cases  of  political  and  press  offenses,  should  it  be  de- 
sirable that  the  trial  be  secret,  it  must  only  be  by  the  unanimous  con-  _ 
sent  of  all  the  members  of  the  tribunal.  ■ 

Art.  78.  The  judgments  delivered  by  the  tribunals  must  cite  the 
articles  of  the  laws  by  which  the  judgments  are  governed,  and  these.™ 
must  be  read  publicly.  | 

Art.  79.  In  cases  of  political  and  press  offenses,  the  whole  body 
of  the  judges  shall  be  present. 

Art.  80.  The  presidents  and  the  members  of  judicial  tribunals 
shall  be  chosen  in  the  manner  decreed  by  the  Law  of  the  Ministry  of 
Justice,  and  shall  be  appointed  by  virtue  of  a  royal  decree. 

Art.  81.  No  judge  of  a  judicial  tribunal  may  be  suspended,  either 
temporarily  or  permanently,  without  a  trial  or  proof  of  offense, 
unless  he  himself  resigns. 

Art.  82.  No  judge  of  a  judicial  tribunal  can  be  transferred  from 
his  post  except  by  his  own  consent. 

Art.  83.  The  choice  of  the  public  prosecutor,  with  the  approval  of 
the  Chief  Sheri  Judge,  rests  with  the  King. 


PERSIA.  497 

Art.  84.  The  salaries  of  the  staff  of  judicial  tribunals  shall  be  fixed 
by  law. 

Art.  85.  The  presidents  of  judicial  tribunals  may  not  accept  sal- 
aried government  posts,  but  may  only  render  such  services  gratis, 
should  they  not  be  contrary  to  law. 

Art.  86.  In  every  provincial  capital  a  court  of  appeal  for  judicial 
cases  shall  be  instituted  in  the  manner  defined  by  the  regulations  of 
the  Ministry  of  Justice. 

Art.  87.  Military  tribunals  shall  be  instituted  in  the  whole  country 
according  to  a  special  law. 

Art.  88.  The  judgment  of  disputes  relating  to  the  limitations  of 
government  of  departments  and  offices  shall,  in  accordance,  with  the 
decrees  of  law,  be  referred  to  the  High  Court  of  Appeal. 

Art.  89.  The  Supreme  Court  of  Justice  and  other  tribunals  will 
only  put  into  execution  decrees,  general  regulations  and  regulations 
of  provincial  and  municipal  councils,  when  they  are  in  accordance 
with  the  law. 

Provincial  and  Departmental  Assemblies. 

Art.  90.  Provincial  and  departmental  assemblies  shall  be  estab- 
lished in  all  the  provinces  of  the  kingdom  in  accordance  with  special 
regulations,  and  the  fundamental  laws  of  these  assemblies  shall  be 
as  follows. 

Art.  91.  The  members  of  the  provincial  and  departmental  assem- 
blies shall  be  elected  directly  by  the  people  in  accordance  with  the 
regulations  governing  provincial  and  departmental  assemblies. 

Art.  92.  The  provincial  and  departmental  assemblies  have  the 
power  of  complete  supervision  in  matters  concerning  the  public  weal, 
with  due  observance  of  the  laws  which  have  been  decreed. 

Art.  93.  A  statement  of  every  kind  of  revenue  and  expenditure  of 
the  provinces  and  departments  shall  be  printed  and  published  by  the 
provincial  and  departmental  assemblies. 

Finances. 

•  Art.  94.  No  taxes  may  be  levied  except  by  law. 

Art.  95.  All  exemptions  from  taxation  shall  be  decreed  by  law. 

Art.  96.  The  budget  shall  be  approved  and  defined  every  year  by 
a  vote  of  the  majority  of  the  members  of  the  National  Assembly. 

Art.  97.  There  shall  be  no  differentiation  or  favor  among  indi- 
viduals regarding  taxation. 

Art.  98.  Rebates  and  exemption  from  taxation  shall  be  defined  by 
a  special  law. 


498  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Art.  99.  Except  in  cases  specially  defined  by  law,  nothing  shall  be 
demanded  from  the  people  on  any  pretext  whatever,  except  in  the 
name  of  State,  provincial  or  municipal  taxes. 

Art.  100.  No  salaries  or  gratuities  will  be  paid  out  of  the  govern- 
ment treasury  except  those  which  are  decreed  by  law. 

Art.  101.  The  members  of  the  State  Accounts  Department  shall 
be  chosen  by  the  National  Assembly  for  a  period  to  be  decreed  by  law. 

Art.  102.  The  State  Accounts  Department  is  charged  to  inspect 
and  analyze  the  accounts  of  the  Department  of  Finance  and  to  eluci- 
date the  accounts  of  the  Treasury  Accountants  in  general,  and  espe- 
cially to  see  that  no  item  of  expenditure  allowed  for  the  budget  ex- 
ceed the  estimate  and  that  there  be  no  alteration  or  change,  and  that 
every  sum  has  been  expended  in  the  manner  designated.  It  is  also 
charged  with  the  verification  and  analysis  of  the  different  accounts 
of  the  government  departments  in  general,  and  shall  collect  the 
vouchers  of  expenditure.  A  statement  of  the  general  accounts  of 
the  Kingdom  must  be  supplied  by  it  to  the  National  Assembly,  ac- 
companied by  observations. 

Art.  103.  The  institution  and  organization  for  this  State  Depart- 
ment shall  be  in  accordance  with  the  law. 

Army. 

Art.  104.  The  enrolling  of  troops  shall  be  fixed  by  law.     The 
duties  and  rights  of  the  army,  as  well  as  promotion,  shall  be  in  ac 
cordance  with  law. 

Art.  105.  The  military  expenditure  shall  be  approved  by  the  Na 
tional  Assembly  every  year. 

Art.  106.  No  foreign  troops  shall  be  allowed  to  serve  the  govern 
ment,  and  they  shall  not  be  allowed  either  to  reside  in  any  part  o: 
the  country  or  to  pass  through  or  into  the  country  except  in  ac 
cordance  with  law. 

Art.  107.  The  pay  or  rank  or  decoration  of  soldiers  or  officer  ( 
may  not  be  withdrawn  except  in  accordance  with  law.^ 

1  Here  foUow  the  attestation  and  signature  of  the  Shah. 


PORTUGAL. 

The  modern  constitutional  era  in  Portugal  did  not  begin  until 
1820,  when  a  revolutionary  movement  was  inaugurated  which  finally 
forced  the  passage  of  the  Constitutional  Charter  of  29  April  1826. 
Civil  wars  followed  and  the  reestablishment  of  this  Constitution 
became  ephemeral,  although  many  changes  were  necessary  with  each 
reestablishment,  in  order  to  make  the  Charter  more  in  keeping  with 
the  democratic  spirit  prevailing.  In  this  way  the  following  consti- 
tutional documents^  were  accumulated: 

1.  The  Constitutional  Charter  of  29  April  1826. 

2.  The  Additional  Act  of  5  July  1852. 

3.  The  Organic  Law  of  3  May  1878  on  the  House  of  Peers. 

4.  The  Constitutional  Law  of  24  July  1885. 

5.  The  Law  of  3  April  1896. 

These  laws  remained  in  force  for  many  years,  although  dictator- 
ships were  established  at  frequent  intervals.  The  institution  of  a 
republican  form  of  government  brought  about  the  present  Constitu- 
tion which  dates  from  20  August  1911.^ 


CONSTITTTTION  OF  21  AUGUST  1911.^ 

Title  I. — The  Form  of  Goveknment  and  the  Territory  of  the 

Portuguese  Nation. 

Article  1.  The  Portuguese  nation,  constituted  as  a  unitary  vState, 
adopts  the  Republic  as  the  form  of  government,  in  the  terms  of  this 
Constitution. 

Art.  2.  The  territory  of  the  Portuguese  nation  is  that  existing  at 
the  date  of  the  proclamation  of  the  Republic. 

§.  The  nation  does  not  renounce  the  rights  which  it  has  or  may 
hereafter  acquire  to  any  other  territory. 

*  French  translation  of  these  documents  in  F.  R.  Daeeste  et  P.  Daebstk,  Le8  Constitu- 
tions modei-nes  (3d  edition,  Paris,  1910),  vol.  i,  pp.  714-752.  German  translation  of 
the  first  three  documents  In  Paul  Poseneb,  Die  Staatsverfassungen  des  Erdballs  (Char- 
lottenburg,  1909),  pp.  761-782.  English  translation  of  the  third  and  fourth  document 
in  the  British  and  Foreign  State  Papers,  76 :  pp.  219-222  and  587-590,  respectively. 

'  These  introductory  paragraphs  are  based  upon  Dareste,  op.  ait.,  pp.  712-714. 

•  Translation  reprinted  from  the  British  and  Foreign  State  Papers,  105  :  pp.  766-781. 

499 


500  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Title  II. — Individual  Rights  and  Guarantees. 

Art.  3.  The  Constitution  guarantees  to  Portuguese  and  foreigners 
resident  in  the  country  the  inviolability  of  their  rights  with  regard  to 
liberty,  personal  security  and  property,  in  the  following  terms : 

1.  No  one  can  be  forced  to  do  anything,  or  to  desist  from  doing 
anything,  except  by  virtue  of  a  law. 

2.  The  law  is  equal  for  all,  but  only  that  which  has  been  promul- 
gated in  the  terms  of  this  Constitution  is  binding. 

3.  The  Portuguese  Eepublic  does  not  admit  privileges  of  birth 
or  prerogatives  of  nobility,  and  abolishes  all  titles  of  nobility  and  of 
councilorship,  as  also  all  orders  of  merit  and  all  their  rights  and 
privileges.  Civil  deeds  and  military  acts  may  be  rewarded  by  special 
diplomas. 

No  Portuguese  citizen  may  accept  a  foreign  decoration. 

4.  Liberty  of  conscience  and  of  creed  is  inviolable. 

5.  The  State  recognizes  the  political  and  civil  equality  of  all 
creeds,  and  guarantees  their  exercise  within  the  limits  compatible 
with  public  order,  the  laws  and  good  customs,  so  long  as  they  do  not 
infringe  the  principles  of  Portuguese  public  right. 

6.  No  one  can  be  persecuted  on  religious  grounds,  nor  ques- 
tioned by  any  authority  with  regard  to  the  religion  professed. 

7.  No  one  can,  on  the  ground  of  religious  opinions,  be  deprived 
of  any  right  or  be  exempted  from  the  performance  of  a  civic  duty. 

8.  The  public  observance  of  any  religion  is  free  in  the  buildings 
chosen  or  destined  for  the  purpose  by  the  followers  of  that  religion, 
and  the  buildings  can  always  have  the  exterior  form  of  a  church ;  but, 
in  the  interests  of  public  order  and  of  the  liberty  and  safety  of 
citizens,  a  special  law  shall  lay  down  the  conditions  of  its  observance. 

9.  Public  cemeteries  shall  have  a  secular  character,  the  exer- 
cise of  the  respective  rites  being  free  to  all  religions  as  regards  their 
followers,  so  long  as  they  do  not  offend  public  morals,  the  principles 
of  Portuguese  public  right  and  the  law. 

10.  Teaching  in  public  and  private  establishments  under  gover: 
ment  control  shall  be  neutral  as  regards  religion. 

11.  Primary  elementary  education  shall  be  obligatory  and  gr 
tuitous. 

12.  The  legislation  in  force  which  abolished  and  dissolved  : 
Portugal  the  Society  of  Jesus,  the  societies  therein  aifiliated,  of  whal 
ever  denomination,  and  all  religious  congregations  and  monastic  order 
is  maintained,  and  they  shall  never  be  admitted  in  Portuguese  ter 
ritory. 

13.  The  expression  of  thought  in  any  form  whatever  is  com 
pletely  free,  and  not  dependent  upon  the  previous  giving  of  security 
submission  to  censure  or  the  obtaining  of  previous  authorizatioi 


PORTUGAL.  501 

but  the  abuse  of  this  privilege  is  punishable  in  the  cases  and  in  the 
manner  prescribed  by  law. 

14.  The  ri^ht  of  meeting  and  association  is  free  to  all.  Special 
laws  shall  detennine  the  form  and  conditions  of  this  right. 

15.  Inviolability  of  domicile  is  guaranteed;  the  house  of  a  citi- 
zen may  be  entered  at  night  without  his  consent  only  when  a  demand 
therefor  is  made  from  within  or  in  order  to  render  assistance  to  vic- 
tims of  crimes  or  accidents ;  and  during  the  day  only  in  the  cases  and 
in  the  manner  prescribed  by  law. 

16.  No  one  can  be  arrested  unless  on  a  specific  charge,  except  in. 
flagrante  delicto  and  in  the  following  cases : 

Forgery  of  coins  or  of  national  bank-notes  and  bonds  of  the  Por- 
tuguese public  debt,  deliberate  homicide  when  qualified  as  a  crime, 
burglary,  robbery,  fraudulent  bankruptcy  and  arson. 

17.  No  one  shall  be  committed  to  prison  or  be  therein  detained  if 
already  imprisoned,  who  offers  proper  surety  or  declaration  of  resi- 
dence in  the  cases  in  which  the  law  admits  it. 

18.  Except  in  the  cases  of  flagrante  delicto,  no  arrest  can  be  ef- 
fected without  a  written  warrant  from  the  competent  authority  and 
in  conformity  with  the  express  provisions  of  the  law. 

19.  No  one  shall  be  committed  to  prison  for  inability  to  pay  costs 
and  stamps. 

20.  The  preliminary  investigation  in  criminal  proceedings  shall 
be  open  to  contestation,  thus  ensuring  the  accused,  before  and  after 
the  drawing  up  of  the  indictment,  every  means  of  defending  them- 
selves. 

21.  No  one  shall  be  sentenced  except  by  the  competent  authority, 
by  virtue  of  an  existing  law  and  in  the  manner  prescribed  by  the 
same. 

22.  In  no  cases  can  the  penalty  of  death  be  established,  nor  can 
corporal  punishment  be  perpetual  or  of  unfixed  duration. 

23.  No  punishment  shall  extend  beyond  the  person  of  the  delin- 
quent; in  no  case  whatever  shall  there  be  confiscation  of  property, 
nor  shall  the  infamy  of  the  guilty  party  affect  relatives  in  any  degree. 

24.  The  right  to  the  revision  of  all  sentences  of  condemnation  is 
assured  exclusively  in  favor  of  the  condemned. 

§.  Special  laws  shall  determine  what  cases  are  subject  to  revision 
and  the  manner  of  revision. 

25.  The  right  of  property  is  guaranteed  within  the  limitations 
established  by  the  law. 

26.  Every  description  of  work,  industr}^  and  commerce,  except 
such  as  are  restricted  by  law  or  for  the  public  good,  is  allowed. 

Only  the  legislative  power  and  administrative  bodies  can,  in 
cases  of  recognized  public  utility,  grant  the  exclusive  right  to  de- 
velop any  branch  of  trade  or  industry. 


502  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

27.  No  one  is  obliged  to  pay  taxes  which  have  not  been  voted  by 
the  legislative  power  or  by  the  administrative  bodies  legally  author- 
ized to  impose  them,  when  their  collection  is  not  effected  in  the 
manner  prescribed  by  the  law.     . 

28.  The  secrecy  of  correspondence  is  inviolable. 

29.  The  right  to  public  assistance  is  recognized. 

30.  Every  citizen  may  present  to  the  powers  of  the  State  claims,  < 
complaints  and  petitions,  they  may  report  any  infringement  of  the 
Constitution,  and  may,  without  any  previous  authorization,  demand 
from  the  competent  authorities  the  punishment  of  offenders. 

31.  The  habeas  corpus  must  always  be  granted  whenever  a  per- 
son suffers,  or  is  in  imminent  danger  of  suffering,  violence  or  re- 
straint illegally  or  through  an  abuse  of  power. 

The  guarantee  of  the  habeas  corpus  shall  only  be  suspended  ini 
cases  of  a  state  of  siege  on  account  of  sedition,  conspiracy,  rebellion 
or  foreign  invasion. 

A  special  law  will  regulate  the  extent  of  this  guarantee  and  the 
procedure  to  be  followed. 

32.  All  persons  employed  in  the  public  service,  in  administrative 
bodies  or  companies  under  contract  with  the  State  are  guaranteedi 
their  posts,  together  with  the  rights  inherent  therein,  during  their 
term  of  obligatory  military  service. 

33.  Matters  relating  to  civil  status  and  the  respective  registers 
appertain  exclusively  to  the  civil  authorities. 

34.  If,  after  the  execution  of  a  criminal  sentence,  it  subsequently 
comes  to  be  proved  by  legal  means  to  have  been  unjust,  the  condemned 
person  or  his  heirs  shall  have  the  right  to  compensation  for  losses 
and  damages,  which  shall  be  paid  by  the  National  Treasury  after 
judgment  has  been  passed  in  conformity  with  the  law. 

35.  In  cases  not  provided  for  by  law,  no  one,  even  if  mentally 
abnormal,  can  be  deprived  of  his  personal  liberty,  without  previous 
judicial  sanction,  except  in  cases  of  duly  proved  necessity,  the  proper 
judicial  confirmation  being  immediately  applied  for. 

36.  Any  person  interned  or  detained  in  a  lunatic  establishment 
or  placed  under  private  restraint,  and  also  his  legal  representative 
or  any  relative  or  friend,  may  at  any  time  call  on  the  judge  concerned 
to  set  him  at  liberty,  after  the  necessary  inquiries  have  been  made, 
should  there  be  good  cause  to  do  so. 

37.  It  is  lawful  for  every  citizen  to  resist  any  order  which  in- 
fringes individual  guarantees,  unless  they  have  been  legally  sus- 
pended. 

38.  None  of  the  powers  of  the  State  shall  separately  or  conjointly 
suspend  the  Constitution  or  limit  the  rights  asserted  in  it,  except  in 
the  cases  expressly  mentioned  therein. 


PORTUGAL.  503 

Art.  4.  The  particular  guarantees  and  rights  mentioned  in  the  Con- 
stitution do  not  exclude  other  guarantees  and  rights  not  enumerated 
but  resulting  from  the  form  of  government  it  establishes,  and  from 
principles  asserted  or  contained  in  other  laws. 

Title  III. — The  Sovereignty  and  Powers  of  the  State. 

Art.  5.  The  sovereignty  essentially  resides  in  the  nation. 
Art.  6.  The  organs  of  the  national  sovereignty  are : 
The  legislative,  executive  and  judicial  powers,  independent  and 
mutually  harmonious. 

section    1. THE   legislative   POWER. 

Art.  7.  The  legislative  power  is  exercised  by  the  Congress  of  the 
Eepublic  composed  of  two  houses,  called  the  Chamber  of  Deputies 
and  the  Senate. 

§  1.  The  members  of  Congress  are  representatives  of  the  nation  and 
not  of  the  colleges  which  elect  them. 

§  2.  No  one  can  at  one  and  the  same  time  be  a  member  of  the  two 
houses. 

§  3.  No  one  can  be  a  senator  under  35  years  of  age,  or  a  deputy 
under  25  years. 

Art.  8.  The  Chamber  of  Deputies  and  the  Senate  are  elected  by  di- 
rect suffrage  of  the  citizen  electors, 

§.  The  organization  of  the  electoral  colleges  of  the  two  houses  and 
the  procedure  of  election  shall  be  regulated  by  special  law. 

Art.  9.  The  Senate  shall  be  composed  of  senators  elected  in  the  pro- 
portion of  3  for  every  district  of  the  continent  and  the  adjacent  islands, 
and  of  1  for  every  overseas  province. 

§.  For  the  elections  of  senators  in  each  of  the  districts  of  the  con- 
tinent and  adjacent  islands,  lists  shall  only  contain  two  names. 

Art.  10.  For  the  election  of  the  Chamber  of  Deputies  and  of  the 
Senate,  the  electoral  colleges  shall  meet  on  their  own  prerogative,  if 
they  are  not  duly  convoked  before  the  termination  of  the  legislature 
and  within  the  period  prescribed  by  law. 

Art.  11.  Congress  of  the  Republic  will  meet  on  its  own  preroga- 
tive in  the  capital  of  the  nation  on  the  second  da}^  of  December  of 
each  year.  The  legislative  session  shall  last  four  months  and  may 
only  be  prorogued  or  adjourned  by  decision  of  Congress  itself,  taken 
at  a  joint  session  of  the  two  houses.  Each  legislature  shall  last  three 
years. 

Art.  12.  Congress  may  be  convoked  extraordinarily  by  a  fourth 
part  of  its  members  or  by  the  executive  power. 

Art.  13.  The  two  houses,  the  opening  and  closing  sessions  of 
which  shall  be  on  the  same  days,  shall  work  separately  and  in  public 
i  sessions,  except  when  otherwise  decided. 


504  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Decisions  shall  be  taken  by  majority  of  votes,  an  absolute  majority 
of  the  members  of  each  house  being  present. 

§.  It  is  incumbent  on  each  of  the  houses  to  verify  and  recognize 
the  powers  of  their  members,  to  elect  their  bureau,  to  organize  their 
internal  rules,  to  regulate  their  police  service  and  to  appoint  their 
officials. 

Art.  14.  The  joint  sessions  of  the  two  houses  shall  be  presided  over 
by  the  elder  of  the  presidents. 

Art.  15.  Deputies  and  senators  are  inviolable  on  account  of  their 
opinions  and  votes  in  the  discharge  of  their  mandate.  Their  vote 
shall  be  free  and  independent  of  any  promptings  and  directions. 

Art.  16.  During  the  exercise  of  the  legislative  functions  no  mem- 
ber of  Congress  may  act  as  juryman,  expert  or  witness  without  the 
authorization  of  the  house  concerned. 

Art.  it.  No  deputy  or  senator  shall  be  arrested  or  imprisoned  dur- 
ing the  period  of  the  sessions  without  the  previous  consent  of  his 
house,  except  in  case  of  flagrante  delicto^,  to  which  is  applicable  the 
"  greater  penalty  "  ^  or  its  equivalent  in  the  penal  scale. 

Art.  18.  Whenever  criminal  proceedings  are  brought  against  a 
deputy  or  senator  and  the  offender  has  been  committed,  the  judge 
shall  submit  the  case  to  the  house,  which  shall  decide  whether  the 
deputy  or  senator  ought  to  be  suspended,  and  whether  the  proceed- 
ings shall  continue  during  the  interruption  of  the  sessions  or  after 
the  duties  of  the  offender  have  terminated. 

Art.  19.  During  the  sessions  members  of  Congress  will  receive  a, 
salary  to  be  fixed  by  the  National  Constituent  Assembly. 

Art.  20.  No  member  of  Congress  may,  after  being  elected,  con- 
clude contracts  with  the  executive  power  or  accept  from  it  or  from 
any  foreign  government  any  paid  office  or  commission. 

§  1.  The  follow  ing  are  exceptions  to  this  prohibition : 

1.  Diplomatic  missions. 

2.  Military  commissions  or  commands  and  the  office  of  Commis- 
sioner for  the  Republic  in  the  Colonies. 

3.  The  offices  which  are  the  result  of  promotion. 

4.  Appointments,  preceded  by  competition,  Avhich  by  law  arc 
made  by  the  government  or  on  a  proposal  made  by  bodies  whose 
legal  province  it  is  to  indicate  or  select  the  official  to  be  appointed. 

§  2.  No  deputy  or  senator,  however,  may  accept  a  nomination  tc 
missions,  commissions  or  commands  ref  eired  to  in  Nos.  1  and  2  of  thq 
preceding  §.,  without  the  previous  consent  of  the  house  to  which  he 
belongs,  whenever  such  acceptance  would  prevent  him  from  exer- 
cising his  legislative  functions,  except  in  case  of  war  or  when  the 
honor  or  integrity  of  the  nation  is  at  stake. 

iln  the  original  the  words  used  are  pena  major.     Penas  majores  are  the  punishments 
which  can  only  be  inflicted  as  the  result  of  trial  by  jury. 


PORTUGAL.  505 

Art.  21.  Xo  deputy  or  senator  may  take  part  in  the  administration, 
management  or  superintendence  of  undertakings  or  companies  con- 
stituted by  contract  or  by  special  concession  or  which  have  any  privi- 
lege from  the  State,  not  conferred  by  general  law,  subsidy  or  guar- 
antee of  revenue  (save  what  is  in  the  interests  of  the  State  under 
government  control) ;  nor,  moreover,  can  he  be  a  concessionnaire,  con- 
tractor or  partner  in  any  firm  holding  concessions,  contracts  or  en- 
gagements for  public  w  orks  and  financial  operations  with  the  State. 

§.  The  disregard  of  the  provisions  contained  in  this  or  the  preced- 
ing article  entails  forfeiture  of  the  seat  and  cancellation  of  the  acts 
and  contracts  therein  referred  to. 

THE  CHAMHEK  OF  DEPUTIES. 

Art.  22.  Deputies  are  elected  for  three  years. 

§.  A  deputy  elected  to  fill  a  vacancy  occurring  by  death  or  any 
other  cause  shall  only  exercise  his  mandate  during  the  unexpired 
period  of  the  legislature. 

Art.  23.  It  is  the  province  of  the  Chamber  of  Deputies  to  take  the 
initiative : 

a.  As  regards  taxes. 

h.  The  organization  of  the  land  and  sea  forces. 

c.  The  discussion  of  the  bills  laid  by  the  executive  power. 

d.  The  impeachment  of  the  members  of  the  executive  power,  for 
breaches  of  duty  committed  in  that  capacity,  in  accordance  w^ith  the 
provisions  of  this  Constitution. 

e.  The  revision  of  the  Constitution. 

/.  The  prorogation  and  adjournment  of  the  legislative  session. 

THE     SENATE. 

Art.  24.  Senators  are  elected  for  six  years. 

Whenever  it  shall  be  necessary  to  hold  a  general  election  of  deputies, 
one  half  of  the  members  of  the  Senate  shall  be  renewed. 

§  1.  For  the  first  renewal  of  the  Senate,  it  shall  be  decided  b}^  lot 
which  are  the  districts  and  overseas  provinces  whose  representatives 
must  retire ;  subsequent  retirements  w411  be  by  priority  of  election. 

§  2.  A  senator  elected  to  fill  a  vacancy  arising  through  death  or 
any  other  cause  w^ill  exercise  his  mandate  during  the  unexpired  term 
of  office  of  the  late  senator. 

Art.  25.  The  Senate  has  the  exclusive  right  to  approve  or  reject  by 
secret  vote  proposals  for  the  appointments  of  governors  and  commis- 
sioners of  the  Republic  in  the  provinces. 

§.  When  Congress  is  closed,  the  appointments  mentioned  in  this 
article,  Avhen  made  by  the  executive  power,  shall  be  considered  pro- 
visional. 

88381—19 33 


506 


CONSTITUTIONS   OF   THE   STATES   AT   WAE. 


THE    ATTRIBUTIONS    OF    THE    REPUBLIC. 

Art.  26.  It  is  the  exclusive  province  of  the  Congress  of  the  Re- 
public : 

1.  To  make,  interpret,  suspend  and  revoke  laws. 

2.  To  see  to  the  observance  of  the  Constitution  and  of  the  laws 
and  to  promote  the  welfare  of  the  nation. 

3.  To  estimate  the  receipts  and  fix  the  amount  of  expenditure  each 
year,  take  charge  of  the  accounts  of  receipts  and  expenditure  of  each 
financial  year  and  vote  the  annual  taxes. 

4.  To  authorize  the  executive  power  to  contract  loans  and  under- 
take other  financial  operations,  except  in  connection  with  the  float- 
ing debt,  and  to  establish  and  give  previous  approval  to  the  general] 
conditions  under  which  they  are  to  be  carried  out. 

5.  To  regulate  the  payment  of  the  internal  and  external  debt. 

6.  To  take  measures  for  the  organization  of  national  defense. 

7.  To  create  and  suppress  public  employments  and  determine 
the  attributions  and  salaries  of  officials. 

8.  To  create  and  suppress  customs  houses. 

9.  To  settle  the  weight,  value,  inscription,  type  and  denomina- 
tion of  coins. 

10.  To  determine  the  standard  of  weights  and  measures. 

11.  To  establish  banks  of  issue,  regulate  the  issue  of  notes  audi 
the  respective  charges  thereon. 

12.  To  decide  as  to  the  boundaries  of  the  territories  of  the  nation.] 

13.  To  fix  the  limits  of  the  administrative  divisions  of  th( 
country,  and  decide  as  to  their  general  organization. 

11-.  To  authorize  the  executive  power  to  declare  w^ar  if  recourse 
be  not  had  to  arbitration,  or  if  the  same  should  fail,  except  in  cases 
of  imminent  or  effective  aggression  by  foreign  forces. 

15.  To  give  a  definite  decision  as  to  treaties  and  conventions. 

16.  To  declare  one  or  more  places  of  the  national  territory  to  be 
in  a  state  of  siege,  with  a  total  or  partial  suspension  of  constitutional 
rights,  in  an  emergency  of  foreign  aggression  or  internal  disorderj 

§  1.  Should  Congress  not  be  sitting,  this  function  shall  be  exer- 
cised by  the  executive  power. 

§  2.  The  latter,  however,  during  the  state  of  siege,  shall  restrici 
itself  to  measures  of  repression  against  persons  and  to  the  detentioi 
of  criminals  in  places  not  destined  to  common  offenders. 

§  3.  On  the  reasserdbly  on  its  own  prerogative  of  Congress  withii 
the  space  of  30  days,  the  executive  power  shall  present  a  report  stating 
the  reasons  for  the  exceptional  measures  taken  and  for  the  abuse  oi 
which  the  respective  authorities  shall  be  made  responsible. 

17.  To  organize  the  judicial  power  in  the  terms  of  the  presenjj 
Constitution. 


PORTUGAL.  507 

18.  To  grant  amnesties. 

19.  To  elect  the  President  of  the  Kepublic. 

20.  To  dismiss  the  President  of  the  Republic  according  to  the 
terms  of  the  Constitution. 

21.  To  settle  as  to  the  revision  of  the  Constitution  before  the  lapse 
of  the  period  of  ten  3^ears,  in  the  terms  of  §  1  of  Article  82. 

22.  To  regulate  the  administration  of  national  property. 

23.  To  legislate  in  regard  to  the  disposal  of  national  property. 

24.  To  sanction  codes  of  rules  for  the  due  execution  of  the  laws. 
§.  Rules  which  have  not  obtained  this  sanction  are  considered 

provisional. 

25.  To  continue  in  the  exercise  of  their  legislative  functions,  after 
the  termination  of  the  respective  legislature,  if  for  any  reason  the 
elections  have  not  been  held  within  the  constitutional  periods. 

§.  This  extension  of  functions  shall  coi^tinue  until  the  elections, 
which  will  return  the  new  members  to  Congress,  have  been  held. 

THE  INITIATIVE,  FOKMATION   AND  PROMULGATION  OF  LAWS  AND  RESOLUTIONS. 

Art.  27.  The  authorization  allowed  by  the  legislative  power  can  not 
be  utilized  more  than  once. 

Art.  28.  Save  the  exceptions  mentioned  in  Article  23,  the  initiative 
of  bills  is  open  without  distinction  to  all  members  of  the  Congi-ess  or 
of  the  executive  power. 

Art.  29.  A  bill  when  adopted  in  one  of  the  houses  shall  be  sub- 
mitted to  the  other,  and  the  latter,  if  it  approves  it,  shall  send  it  to 
the  President  of  the  Republic,  who  shall  promulgate  it  as  law. 

Art.  30.  The  form  of  promulgation  shall  be  as  follows:  "In  the 
name  of  the  nation,  the  Congress  of  the  Republic  has  decreed  and  I 
hereby  promulgate  the  following  law  (or  resolution)." 

Art.  31.  The  President  of  the  Republic,  as  chief  of  the  executive 
power,  shall  promulgate  any  bill  within  the  period  of  15  days  from 
the  date  on  which  it  was  presented  to  him.  Silence  on  the  part  of 
the  President  up  to  the  last  day  of  the  said  period  is  equivalent  to 
promulgation  of  the  law. 

Art.  32.  A  bill  approved  by  one  house  shall  be  sent  to  the  other, 
which  shall  decide  in  regard  to  it  not  later  than  in  the  legislative 

-sion  following  that  in  which  it  was  approved.  Failing  this,  the 
->  xt  approved  by  the  house  in  which  the  bill  was  introduced  shall 
1)0  promulgated. 

Art.  33.  A  bill  brought  in  by  one  house  and  amended  by  the  other 
hhall  be  returned  to  the  first,  which,  if  it  accept  the  amendments, 
j<hall  send  the  bill  amended  accordingly  to  the  President  of  the  Re- 
public for  promulgation. 


508  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

§.  When  the  amendments  are  not  approved,  the  latter,  together 
with  the  bill,  shall  be  submitted  for  discussion  and  to  a  vote  of  the 
two  houses  at  a  joint  sitting. 

The  approved  text  shall  be  sent  to  the  President  of  the  Kepublic, 
who  shall  promulgate  it  as  a  law. 

Art.  34.  When  a  bill  has  been  rejected  by  one  of  the  houses  after 
it  has  been  approved  in  the  other,  it  shall  be  dealt  with  as  if  it  had 
undergone  amendments  instead  of  rejection. 

Art.  35.  Bills  which  have  been  definitely  rejected  can  not  be  rein- 
troduced in  the  same  legislative  session. 

SECTION  2. THE  EXECUTIVE  POWER. 

Art.  36.  The  executive  power  is  exercised  by  the  President  of  the 
Republic  and  by  the  ministers. 

Art.  37.  The  President  of  the  Republic  represents  the  nation  in  all 
general  State  relations,  both  internal  and  external. 

THE  ELECTION  OF  THE  PRESIDENT  OF  THE  EEPUBLIC. 

Art.  38.  The  election  of  the  President  of  the  Republic  shall  take 
place  at  a  special  sitting  of  Congress,  which  shall  assemble  of  its  own 
prerogative  60  days  before  the  term  of  the  presidental  office. 


§  1.  Voting  will  be  by  secret  ballot  and  election  will  be  by  two 
thirds  of  the  votes  of  the  members  of  the  two  houses  of  Congress 
at  a  joint  sitting. 

If  none  of  the  candidates  obtain  an  absolute  majority,  the  election 
will  continue,  at  a  third  voting,  only  as  between  the  two  who  hav& 
obtained  the  highest  number  of  votes,  the  one  obtaining  the  highest 
number  of  votes  being  finally  elected. 

§  2.  In  the  case  of  a  vacancy  occurring  in  the  Presidency,  through 
death  or  any  other  cause,  the  two  houses,  united  in  Congress  of  the 
Republic  on  their  own  prerogative,  shall  forthwith  proceed  to  the 
election  of  a  new  President,  who  shall  exercise  his  functions  during 
the  presidential  period  still  to  run. 

§  3.  So  long  as  the  election  referred  to  in  the  preceding  §  shall 
not  have  been  carried  out,  or  whenever  there  shall  be  a  temporary 
impediment  in  the  exercise  of  presidential  functions,  the  ministers 
shall  jointly  assume  full  executive  power. 

Art.  39.  Only  Portuguese  citizens  not  less  than  35  years  of  age,  in 
the  full  enjoyment  of  political  and  civil  rights,  and  who  have  not 
had  any  other  nationality  may  be  elected  President  of  the  Republic. 

Art.  40.  The  following  are  ineligible  to  the  office  of  President  of 
the  Republic : 

a.  Members  of  the  families  which  have  reigned  in  Portugal. 


I 


PORTUGAL.  509 

h.  Blood  relatives  or  connections  in  the  first  or  second  degrees, 
by  civil  right,  of  the  outgoing  President,  but  only  as  regards  the 
first  election  following  his  retirement. 

Art.  41.  A  member  of  Congress  who  is  elected  President  immedi- 
ately loses  such  membership  by  reason  of  his  election. 

Art.  42.  The  President  shall  hold  office  for  4  years,  and  can  not 
be  reelected  for  the  period  of  4  years  immediately  following. 

§.  The  President  will  cease  to  perform  the  duties  of  his  office  on 
the  same  day  as  his  mandate  expires,  the  newly  elected  President 
assuming  his  office  at  once. 

Art.  43.  On  assuming  office  the  President  will  make  the  following 
declaration  of  covenant  before  Congress  in  session,  presided  over  by 
the  oldest  president : 

I  solemnly  affirm,  on  my  honor,  to  maintain  and  carry  out  with  loyalty  and 
fidelity  the  Constitution  of  the  Republic,  to  observe  the  law.  to  promote  the 
general  welfare  of  the  nation  and  to  uphold  and  defend  its  integrity  and  inde- 
pendence. 

Art.  44.  The  President  shall  not  leave  national  territory  without 
permission  from  Congress  under  pain  of  losing  his  office. 

Art.  45.  The  President  shall  receive  a  salary  to  be  determined  be- 
fore his  election,  which  may  not  be  altered  during  the  period  of  his 
office. 

§.  None  of  the  State  properties,  not  even  that  in  which  the  secre- 
tariat of  the  Presidency  of  the  Republic  is  lodged,  may  be  used  for 
the  personal  accommodation  of  the  President  or  of  persons  of  his 
family. 

Art.  46.  The  President  may  be  dismissed  by  the  two  houses  in 
Congress  on  a  resolution,  suppoiled  and  approved  by  two  thirds 
of  its  members,  which  resolution  shall  clearly  set  forth  the  dismissal, 
or  on  conviction  for  a  crime  for  breach  of  duty. 

THE   ATTRIBUTIONS    OF   THE  PRESIDENT   OF   THE   REPUBLIC. 

Art.  47.  It  is  the  province  of  the  President  of  the  Republic : 

1.  To  appoint  ministers  from  among  eligible  Portuguese  citizens 
and  to  dismiss  them.     . 

2.  To  convoke  Congress  in  extraordinary  session,  whenever  the 
welfare  of  the  nation  may  require  it. 

3.  To  promulgate  and  cause  to  be  published  the  laws  and  regula- 
tions of  Congress  and  to  issue  decrees,  instructions  and  regulations 
to  secure  their  faithful  execution. 

4.  To  fill  up  civil  and  military  offices  upon  the  recommendation 
of  ministers  and  to  relieve,  suspend  and  dismiss  officials,  in  accord- 
ance with  law,  the  right  of  appeal  to  the  proper  courts  being  always 
reserved  to  them. 


510  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

5.  To  represent  the  nation  as  regards  foreign  States  and  to  di- 
rect the  external  affairs  of  the  Republic  without  prejudice  to  the  at- 
tributions of  Congress. 

6.  To  proclaim,  with  the  approval  of  the  ministers  and  for  a  . 
period  not  exceeding  30  days,  a  state  of  siege  in  any  part  of  the  na- 
tional territory  in  cases  of  foreign  attack  or  serious  internal  dis- 
turbance, according  to  the  terms  of  §§  1,  2  and  3  of  No.  16  of  Article 
26  of  this  Constitution. 

7.  To  negotiate  treaties  of  commerce,  of  peace  and  of  arbitra- 
tion and  to  conclude  other  international  conventions,  submitting  the 
same  to  Congress  for  ratification. 

§.  Treaties  of  alliance  shall  be  submitted  to  the  examination  of 
Congress  at  a  secret  session,  whenever  two  thirds  of  its  members 
petition  in  that  sense. 

8.  To  remit  and  commute  punishments. 

9.  To  attend  to  all  matters  that  may  concern  the  internal  and 
external  safety  of  the  State,  in  accordance  with  the  Constitution. 

Art.  48.  The  attributions  referred  to  in  the  preceding  article 
shall  be  exercised  through  the  intermediary  of  the  ministers  and 
according  to  the  terms  of  Article  49. 


THE   MINISTERS. 


Art.  49.  All  the  acts  of  the  President  of  the  Republic  shall  be 
countersigned,  at  least  by  the  minister  concerned.  Should  this  not  be 
the  case,  they  shall  be  null  and  void,  they  can  not  be  executed  and  no 
one  shall  be  obliged  to  obey  them.  M 

Art.  50.  Ministers  can  not  hold  positions  in  any  other  employ-" 
ment  or  public  charge,  nor  be  elected  to  the  office  of  President  of 
the  Republic,  unless  they  have  ceased  to  hold  office  six  months  before 
the  date  of  the  election. 

§  1.  Members  of  Congress  Avho  accept  the  post  of  minister  shall 
not  lose  their  mandate. 

§  2.  The  prohibitions  and  other  provisions  enumerated  in  Ar- 
ticle 21  and  its  §.  are  applicable  to  ministers. 

Art.  51.  Each  minister  is  responsible  politically,  civilly  and  crim- 
inally for  his  legislative  and  executive  acts. 

Ministers  shall  be  tried  for  crimes  of  breach  of  duty  which  theyj 
may  commit  or  sanction  by  the  ordinary  courts. 

Art.  52.  Ministers  must  appear  in  the  session  of  Congress  andj 
shall  always  have  the  right  to  be  heard  in  defense  of  their  acts. 

Art.  53.  One  of  the  ministers,  who  shall  also  be  appointed  by  the 
President  of  the  Republic,  shall  be  President  of  the  Ministry  and 
shall  answer  not  only  for  the  affairs  of  his  office,  but  also  for  general 
policy. 


PORTUGAL.  511 

Art.  54.  During  the  first  fifteen  days  of  JanuaiT  the  Minister  of 
F'inance  shall  lay* the  general  budget  of  the  State  before  the  Chamber 
of  Deputies. 

CRIMES  FOR  BREACH  OF  DUTY. 

Art.  55.  Crimes  for  breach  of  duty  are  those  acts  on  the  part  of 
the  executive  power  and  its  agents  which  are  directed  against : 
1.  The  political  existence  of  the  nation, 
li.  The  Constitution  and  the  republican  democratic  regime. 
3.  The  free  working  of  the  powders  of  the  State. 
-1:.  The  enjoyment  and  exercise  of  political  or  individual  rights. 

5.  The  internal  security  of  the  country. 

6.  The  integrity  of  the  administration. 

7.  The  custody  and  constitutional  employment  of  public  moneys. 

8.  The  budgetary  laws  voted  by  Congress. 

§  1.  Conviction  for  the  commission  of  any  of  these  crimes  in- 
volves loss  of  office  and  renders  the  offender  incapable  of  exercising 
any  public  function. 

§  2.  The  President  of  the  Republic  is  not  responsible  for  the  ad- 
ministrative acts  of  his  ministers  or  their  agents,  but  only  for  the 
crimes  mentioned  in  Xos.  1,  2,  3,  4  and  5  of  this  article. 

SECTION  ?.. THE  JUDICIAL  POWDER. 

Art.  50.  The  organs  of  the  judicial  power  of  the  Republic  shall 
consist  in  a  Supreme  Court  of  Justice  and  courts  of  first  and  second 
instance. 

§.  The  Supreme  Court  of  Justice  shall  have  its  seat  in  Lisbon. 
The  courts  of  first  and  second  instance  shall  be  distributed  through- 
out the  country  according  as  the  necessities  of  the  administration  of 
justice  demand. 

Art.  57.  Judges  belonging  to  the  section  of  the  judicial  magistra- 
ture  hold  office  for  life  and  are  irremovable,  and  their  nomination, 
dismissal,  suspension,  promotion,  transfer  and  appointment  outside 
their  section  shall  be  made  in  accordance  with  the  forms  of  the  or- 
ganic law  concerning  the  judicial  power. 

Art.  58.  The  institution  of  the  jury  is  maintained. 

Art.  59.  Trial  by  jury  shall  be  optional  in  civil  and  commercial 
cases  and  obligatory  in  criminal  cases,  when  a  penalty  more  severe 
than  correctional  is  provided  for  the  crime  committed  or  when  the 
offense  is  of  political  origin  or  character. 

Art.  60.  Judges  shall  not  be  held  responsible  for  the  sentences  ' 
pronounced  by  them,  except  in  the  cases  mentioned  in  the  law. 

Art.  61.  Xo  judge  may  accept  an  office  of  profit  from  the  govern- 
ment.   The  government  may,  when  the  interests  of  the  public  service 


512  CONSTITUTION'S  OF   THE   STATES  AT  WAR. 


I 


demand  it,  appoint  the  judges  it  considers  necessary  on  any  perma 
nent  or  temporary  commission,  and  these  appointments  shall  be  made— 
in  accordance  with  the  terms  laid  down  in  the  organic  law  on  this* 
•subject. 

Art.  62.  Sentences  and  orders  of  the  judicial  power  shall  be  exe- 
cuted by  exclusively  judicial  officials,  to  whom  the  proper  authorities 
shall  be  obliged  to  lend  assistance  when  called  upon  to  do  so. 

Art.  63.  When  either  of  the  parties  in  a  case  submitted  to  the  deci- 
sion of  the  judicial  power  calls  in  question  the  validity  of  a  law  or  of 
acts  which  have  been  cited  and  which  were  issued  by  the  executive 
power  or  of  bodies  invested  wath  public  authority,  the  judicial  power 
shall  pronounce  on  its  constitutional  legality  or  on  how  far  it  is  in 
accordance  with  the  Constitution  and  the  principles  laid  down 
therein. 

Art.  64.  The  President  of  the  Eepublic  shall  be  tried  and  sentenced 
by  the  ordinary  tribunal  for  any  crimes  which  he  may  commit. 

§.  When  the  proceedings  have  been  carried  to  the  point  of  com- 
mittal for  trial,  the  judge  shall  communicate  the  fact  to  Congress, 
which  shall,  in  a  joint  session  of  both  houses,  decide  whether  the 
President  of  the  Eepublic  shall  be  immediately  tried  or  wiiether  his™ 
trial  shall  take  place  at  the  conclusion  of  his  tenure  of  office.  f 

Art.  65.  If  a  minister  is  to  be  tried  on  a  criminal  charge,  the  judge 
shall,  when  proceedings  have  reached  the  point  of  committal  for  trial, 
communicate  the  fact  to  the  Chamber  of  Deputies,  which  shall  de- 
cide whether  the  minister  shall  be  suspended  and  w^hether  his  trial  is 
to  take  place  in  the  interval  between  the  sessions  or  only  after  the 
accused  has  ceased  to  hold  office. 


Title  IY. — Local  Administrative  Institutions. 


Art.  66.  The  organization  and  attributions  of  administrative 
bodies  shall  be  regulated  by  a  special  law,  and  shall  be  based  on  the 
following  principles : 

1.  The  activities  of  administrative  bodies  shall  be  entirely  inde* 
pendent  of  the  executive. 

2.  Deliberations  of  administrative  bodies  can  be  modified  or  an- 
nulled by  the  courts,  when  they  conflict  with  laws  or  regulations  of 
general  order. 

3.  District  and  municipal  powers  shall  be  divided  into  delibera- 
tive and  executive,  according  to  the  terms  prescribed  by  the  law. 

4.  The  US3  of  the  referendum,  according  to  the  provisions  laid 
down  by  law. 

5.  Minority  representation  in  administrative  bodies. 

6.  Financial  autonomy  of  administrative  bodies  in  the  form  pre 
scribed  bv  law. 


I 
I 


PORTUGAL.  513 

Title  V. — The  AD:^^1NISTRATI()N  of  the  Colonial  Provinces. 

Art.  ()T,  The  prevailing  principle  in  the  administration  of  co- 
lonial provinces  shall  be  that  of  decentralization,  with  special  laws 
:suited  to  the  state  of  the  civilization  of  each  one  of  those  provinces. 

Title  VI. — General  Provisions. 

Art.  68.  All  Portuguese,  each  according  to  his  capacity,  are  bound 
to  military  service  in  order  to  sustain  the  independence  and  integrity 
of  the  country  and  Constitution  and  to  defend  them  from  their 
enemies,  internal  and  external. 

Art.  69.  The  public  forces  are  essentially  obedient  and  can  not 
formulate  petitions  or  collective  representations  nor  meet  together, 
•except  with  the  authority  of  or  by  order  of  the  competent  authori- 
ties.   Armed  bodies  can  not  deliberate. 

Art.  to.  Special  laws  shall  provide  for  the  organization  and  ad- 
ministration of  the  military  and  naval  forces  in  the  whole  of  the 
territory  of  the  Republic. 

Art.  71.  There  is  no  pardon  for  those  who  are  condemned  for 
crimes  and  offenses  against  the  electoral  laws.  That  house,  on  ac- 
count of  which  such  crimes  and  offenses  have  been  committed,  can 
nevertheless  take  the  initiative  in  granting  an  amnesty,  w^hen  two 
thirds  of  its  members  vote  therefor;  but  only  after  one  half  of  the 
sentence,  if  it  is  one  of  imprisonment,  has  been  served.  Such  am- 
nesty can  not  include  the  costs  of  trial,  fines  and  legal  expenses. 

Art.  72.  The  crimes  for  breach  of  duty  referred  to  in  Article  55 
shall  be  defined  by  a  special  law. 

Art.  73.  The  Portuguese  Republic,  without  prejudice  to  its  en- 
gagements under  its  treaties  of  alliance,  advocates  the  principle  of 
arbitration  as  the  best  method  for  solving  international  questions. 

Art.  74.  For  the  effects  of  the  exercise  of  political  rights,  all  those 
persons  are  Portuguese  citizens  who  are  considered  as  such  by  the 
•civil  law. 

§.  The  loss  and  recognition  of  Portuguese  citizenship  are  also 
regulated  by  the  civil  law. 

Art.  75.  The  right  to  the  military  medal  is  guaranteed  in  the 
terms  of  the  respective  laws  and  regulations  to  all  those  who,  at  the 
date  of  the  promulgation  of  this  Constitution,  are  serving  in  the 
urmy  and  navy. 

§.  The  pensions  hitherto  enjoyed  by  persons  decorated  with  the 
Order  of  the  Torre  and  Espada  are  maintained. 

Art.  76.  The  medal  for  merit,  philanthropy  and  generosity,  as 
"Well  as  for  good  service  overseas,  is  maintained. 


514  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

Art.  77.  Congress  shall  annually  allocate  certain  of  its  sessions  to 
the  exclusive  deliberation  of  local  interests  and  representations  made 
to  the  legislative  power  by  administrative  bodies  in  those  matters  in 
which  the  State  should  intervene. 

Art.  78.  A  special  law  shall  determine  the  cases  and  the  condi- 
tions in  which  the  State  shall  grant  pensions  to  the  families  of 
soldiers  who  have  died  in  the  service  of  the  Eepublic  or  to  soldiers 
incapacitated  by  reason  of  the  same  service. 

Art.  79.  Certificates  granted  for  civil  deeds  and  military  acts  can 
be  accompanied  by  medals. 

Art.  80.  The  laws  and  decrees,  with  the  force  of  law  hitherto  ex- 
isting, continue  in  force  until  revoked  or  revised  by  the  legislative 
power  and  remain  valid  in  so  far  as  they  are  not  explicitly  contrary 
to  the  system  of  government  adopted  by  the  Constitution  and  to  the 
principles  consigned  therein. 

Art.  81.  As  soon  as  this  Constitution  is  approved,  it  shall  be  de- 
creed and  promulgated  by  the  bureau  of  the  National  Constituent 
Assembly  and  signed  by  its  members. 

Title  VII. — The  Revision  of  the  Constitution. 

Art.  82.  The  Constitution  of  the  Portuguese  Eepublic  shall  be 
revised  every  10  years  beginning  with  the  promulgation  of  the 
present  one,  and  for  this  purpose  constituent  powers  shall  be  held 
by  the  Congress  whose  mandate  embraces  the  period  of  revision. 

§  1.  Revision  can  be  anticipated  by  5  years,  if  approved  by  two 
thirds  of  the  Congress  of  the  two  houses  in  joint  session. 

§  2.  Bills  for  the  revision  of  the  Constitution  which  do  not  defin 
precisely  the  alterations  projected  can  not  be  admitted  to  discussion, 
nor  can  those  the  purport  of  Avhich  is  to  abolish  the  republican  for 
of  government. 

Transitory  Provisions. 


I 


1 


Art.  83.  The  first  President  of  the  Portuguese  Republic  shall  b 
elected  in  special  session  fixed  for  the  third  day  after  that  on  which 
the  Constitution  has  been  approved  by  the  National  Constituent 
Assembly,  and  after  his  salary  has  been  determined. 

The  election  shall  be  by  secret  ballot  and  by  an  absolute  majority 
of  the  members  of  the  National  Constituent  Assembly,  with  powers 
cei'tified  up  till  the  eve. 

If-,  after  the  second  ballot  has  taken  place,  it  is  ascertained  that 
there  has  not  been  an  absolute  majority,  the  third  ballot  shall  be  by 
a  majority  as  between  the  two  candidates  who  obtain  most  votes  i 
the  second. 

The  first  presidential  mandate  shall  terminate  on  5  October  191 


'J 

\ 


PORTUGAL.  515 

§.  For  this  election  the  disability  referred  to  in  Article  50  shall 
not  obtain. 

Art.  84.  The  election  of  the  Senate  shall  take  place  in  the  session 
immediately  following  that  in  which  the  election  of  the  President 
was  held. 

§  1.  The  first  senators  shall  be  elected  from  among  the  deputies 
of  the  National  Constituent  Assembly  over  30  years  of  age.  They 
shall  number  71,  and  the  remaining  members  of  the  National  Con- 
stituent Assembly  shall  form  the  first  Chamber  of  Deputies. 

§  2.  The  choice  of  the  senators  shall  be  made  in  four  elections,  the 
first  three  by  lists  of  21  names  and  the  last  by  a  list  of  8.  In  the  first 
three  lists  there  shall  be  representatives  of  all  the  districts,  provided 
the  deputies  of  these  districts  fulfill  the  conditions  of  this  article. 

§  3.  The  mandate  of  the  members  of  the  two  houses  thus  formed 
terminates,  Avhen,  after  the  end  of  the  legislative  session  of  1914, 
there  has  been  constituted  a  new  Congress  in  the  terms  laid  down  by 
the  Constitution. 

Art.  85.  The  first  Congress  of  the  Republic  shall  elaborate  the 
following  laws : 

a.  Law  respecting  crimes  for  breaches  of  duty. 
h.  The  administrative  code. 

c.  The  organic  laws  of  overseas  provinces. 

d.  The  law  on  judicial  organization. 

e.  The  law  upon  the  simultaneous  enjoyment  of  more  than  one 
public  office. 

/.  The  law  regulating  political  incompatibilities. 
g.  The  electoral  law. 

§.  At  the  sanie  time  and  at  alternate  sessions,  the  general  esti- 
mates of  the  State  and  other  necessary  measures  shall  be  discussed. 

Art.  86.  The  vacancies  which  occur  in  the  first  Chamber  of 
Deputies  shall  only  be  filled  if  its  number  be  reduced  to  less  than 
135  members. 

Art.  87.  When  Congress  is  closed,  the  government  can  take  the 
measures  it  judges  necessary  and  urgent  for  the  overseas  provinces. 

§.  As  soon  as  Congress  opens,  the  government  shall  give  an  ac- 
count of  the  measures  taken.^ 

1  Here  follow  the  signatures  of  the  president,  first  secretary  and  second  secretary  of  the 
National  Constituent  Assembly. 


1 


ROUMANIA. 

For  centuries  the  principalities  of  the  Danube,  Moldavia  and  Wal- 
lachia,  had  a  hard  struggle  to  preserve  their  independence  against 
powerful  neighbors.  The  Crimean  War  gave  the  principalities  an 
opportunity  to  bring  their  claims  before  the  European  Powers.  The 
Treaty  of  Paris  of  30  March  1856  (Articles  15-27)  suppressed  the 
protectorate,  which  Eussia  had  exercised  for  about  27  years,  and 
instituted  (Article  23)  a  commission  to  study  on  the  ground  the 
question  of  reforms.  This  commission,  composed  of  delegates  of  the 
Powers,  sat  at  Bucharest  in  March  1857.  Two  consultative  assem- 
blies, convoked  for  the  purpose  of  making  known  the  wishes  of  each 
principality,  agreed  on  19  and  21  October  1857  to  proclaim  the 
necessity:  1.  of  an  autonomous  government;  2.  of  the  union  of  the 
two  countries ;  3.  of  the  election  of  a  foreign  prince ;  4.  of  the  organi- 
zation, of  a  representative  government.  This  declaration  is  known 
as  the  "  Declaration  of  the  Four  Points."  The  Conference  of  Paris 
did  not  respect  all  of  these  wishes,  when  it  adopted  the  Organic 
Convention  or  Act  of  7/19  August  1858,  which  in  50  articles  organ- 
ized the  principalities  as  two  distinct  States,  each  having  its  own 
prince.  The  first  real  step  toward  actual  union  was  taken  in  1859, 
when  Alexander  was  elected  prince  of  both  countries,  but  real  union 
did  not  take  place  until  several  years  later.  In  1866  a  revolution 
brought  Charles  of  Hohenzollern-Sigmarii>gen  to  the  throne  and  he 
immediately  called  a  Constituent  Assembly.  The  Constitution  now 
in  force  was  voted  by  this  Constituent  Assembly,  elected  by  universal 
suffrage,  on  30  June/12  July  1866.  The  Constitution  has  been 
amended  twice ;  once,  on  13/25  October  1879,  as  a  result  of  the  Turco- 
Russian  War  of  1877,  and  a  second  time,  on  8/20  June  1881.  At  the 
same  time  as  the  second  revision  of  the  Constitution  a  new  Electoral 
Law  was  passed  which  is  still  in  force,  although  it  has  undergone 
important  modifications.^ 

CONSTITUTION  OF  30  JUNE/12  JULY  1866,   AS  AMENDED   13/25 
OCTOBER  1879  AND  8/20  JUNE  1884.^ 

Title  I. — The  Territory  of  Eoumania. 

xVrticle  1.^  The  Kingdom  of  Roumania  with  its  districts  on  the 
right  bank  of  the  Danube  constitutes  a  single  indivisible  State. 

^This  introductory  paragraph  Is  based  upon  F.  R.  Darbstb  et  P.  Darestb^  Lea  Con- 
atitutions  modcrnes  (Sd  edition,  Paris,  1910),  vol.  ir,  pp.  220-231. 

*  Translated  by  Otis  G.  Stanton  from  the  French  translation  in  Dareste,  op.  eit.,  pp. 
231-255.  French  translation  also  in  the  BritUih  and  Foreign  State  Papers,  57 :  pp. 
263-278;  71:  pp.  117G-1177;  and  75:  pp.  1105-1106.  German  translation  in  Paul 
PosENER,  Die  Staataverfassurgen  des  ErdhaUs   (Charlottenburg,  1909),  pp.  784-800. 

»  As  amended  8/20  June  1884. 

517 


518  COi^STITUTIO:N-S   OF   THE   STATES  AT  WAR. 

Art.  2.  The  territory  of  Eoumania  is  inalienable. 

The  limits  of  the  State  can  be  changed  or  rectified  only  by  virtue 
of  a  law. 

Art.  3.  The  territory  of  Eoumania  can  not  be  colonized  by  popula- 
tions of  a  foreign  race. 

Art  4.  The  territory  is  divided  into  districts ;  the  districts  into  ar- 
rondissements ;  the  arrondissements  into  communes. 

These  divisions  and  subdivisions  can  be  modified  or  rectified  only  by 
virtue  of  a  law. 

Title  II. — The  Eights  of  Eoumanians. 

Art.  5.  Eoumanians  enjoy  liberty  of  conscience,  liberty  of  instruc- 
tion, liberty  of  the  press  and  liberty  of  assembly. 

Art.  6.  The  present  Constitution  and  other  laws  relative  to  political 
rights  determine  what,  independently  of  the  Eoumanian  character. 
are  the  conditions  necessary  for  the  exercise  of  these  rights. 

Art.  T.^  The  distinction  of  religious  beliefs  and  of  confessions  shall 
not,  in  Eoumania,  constitute  an  obstacle  to  the  acquisition  of  civil  and 
political  rights  and  to  their  exercise. 

§  1.  The  alien  may,  without  distinction  of  religion,^  and  whether 
or  not  he  is  subject  to  a  foreign  protection,  obtain  naturalization 
under  the  following  conditions : 

a.  He  shall  address  to  the  government  his  petition  for  naturaliza- 
tion, by  which  he  shall  make  known  the  capital  he  possesses,  the  pro- 
fession or  industry  he  is  engaged  in,  and  his  desire  to  establish  his 
domicile  in  Eoumania. 

h.  Following  this  request  he  shall  live  in  the  country  during  tei 
years  and  prove  by  his  actions  that  he  is  useful  to  the  country. 

§  2.  The  following  may  be  excused  from  residence : 
a.  Those  who  shall  have  introduced  industries  or  useful  inventioi 
into  the  country,  or  who  shall  possess  distinguished  talents ;  those  wh^ 
shall  have  founded  large  establishments  of  commerce  or  of  industry. 
6.  Those  who,  born  and  reared  in  Eoumania,  of  parents  estal 
lished  there,  have  never  enjoyed,  neither  the  ones  nor  the  others, 
foreign  protection. 

G.  Those  who  have  served  under  the  flag  during  the  War  of  In-I 
dependence.  These  may  be  naturalized  collectively,  on  the  proposal 
of  the  government,  by  a  single  law  and  without  other  formality. 

§  3.  Naturalization  can  be  accorded  only  by  a  law  and  individually? 

§  4.  A  special  law  shall  determine  the  mode  according  to  whicl 
aliens  may  establish  their  domicile  in  Eoumania. 

1  As  amended  13/25  October  1879. 

2  Old  Article  7  permitted  naturalization  only  to  foreigners   "  of  Christian  rites,"   an< 
therefore  excluded  Jews. 


ROUMANIA.  519 

§  5.  Roumanians,  or  those  who  are  naturalized  as  Roumanians,  may 
acquire  real  estate  in  Roumania. 

Rif^hts  already  acquired  shall  be  respected. 

The  international  conventions  now  existing  shall  remain  in  force 
with  all  their  clauses  and  until  the  expiration  of  their  term. 

Art.  8.  Naturalization  is  granted  by  the  legislative  power. 

Naturalization  alone  assimilates  the  alien  to  the  Roumanian  for  the 
exercise  of  political  rights. 

Art.  9.  Every  Roumanian  of  any  State  whatever,  without  distinc- 
tion of  place  of  birtli,  from  the  moment  when  he  has  proven  his  re- 
nunciation of  the  foreign  protection,  can  immediately  obtain  the 
exercise  of  political  rights  by  a  vote  of  the  legislative  bodies. 

Art.  10.  No  class  distinctions  exist  in  the  State.  All  Roumanians 
are  equal  before  the  law  and  obliged  to  contribute  without  distinction 
to  the  imposts  and  to  the  public  charges. 

They  are  alone  admissible  to  public,  civil  and  military  functions. 

Special  laws  shall  determine  the  conditions  of  admissibility  and 
advancement  in  the  functions  of  the  State. 

Aliens  can  be  admitted  to  the  public  functions  only  in  exceptional 
cases,  specially  determined  by  the  laws. 

Art.  11.  All  aliens  who  are  on  the  soil  of  Roumania  enjoy  the 
protection  that  the  laws  accord  to  persons  and  to  property  in  general. 

Art.  12.  All  class  privileges,  exemptions  and  monopolies  are  for- 
ever abolished  in  the  Roumanian  State. 

Foreign  titles  of  nobility,  such  as  those  of  prince,  count,  baron  and 
others  similar,  are  and  remain  inadmissible  in  the  Roumanian  State, 
as  contrary  to  the  ancient  institutions  of  the  country. 

The  wearing  of  foreign  decorations  by  Roumanians  is  subject  to 
the  authorization  of  the  King. 

Art.  13.  Individual  liberty  is  guaranteed. 

No  one  can  be  prosecuted  except  in  cases  provided  by  the  law  and 
in  the  form  which  it  prescribes. 

No  one  can  be  held  or  arrested,  outside  of  cases  of  flagrante  delicto^ 
except  by  virtue  of  a  judicial  mandate,  giving  reasons  therefor, 
which  must  be  communicated  to  him  at  the  moment  of  arrest,  or,  at 
the  latest,  within  the  24  hours  which  follow  the  arrest. 

Art.  14.  No  one  can  be  taken  against  his  consent  from  the  judges 
Tvhom  the  law  assigns  to  him. 

Art.  15.  The  domicile  is  inviolable. 

No  domiciliary  visit  can  be  made  except  in  the  cases  expressly 
provided  for  by  the  law  and  in  the  form  which  it  prescribes. 

Art.  16.  No  punishment  can  be  established  or  applied  except  by 
virtue  of  a  law. 

Art.  17.  No  law  can  establish  the  confiscation  of  property. 


520  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  18.  The  penalty  of  death  can  not  be  reestablished  except  in 
the  cases  provided  for  by  the  Military  Penal  Code,  in  time  of  war.^ 

Art.  19.  Property  of  every  kind  is  sacred  and  inviolable,  the  same 
as  all  credits  against  the  State. 

Xo  one  can  be  dispossessed  except  for  the  purpose  of  public  utility 
legally  decided  and  after  a  just  and  previous  indemnity. 

By  the  purpose  of  public  utility  must  be  understood  only  public 
roads,  public  health  and  the  works  of  defense  of  the  country. 

The  existing  laws  regarding  the  alignment  and  the  enlargement  of 
the  public  ways  in  the  communes,  as  also  the  banks  of  the  Avater- 
courses  which  cross  them  or  run  along  them,  remain  in  force. 

Special  laws  shall  regulate  the  procedure  and  the  mode  of  expro- 
priation.2 

The  free  and  unimpeded  use  of  navigable  rivers  and  those  usable 
for  rafts,  of  roads  and  other  ways  of  communication  is  a  part  of  the 
public  domain. 

Art.  20.  The  property  granted  to  the  peasants  by  the  rural  law,' 
just  as  the  indemnity  guaranteed  to  owners  by  the  said  law,  can  not 
suffer  any  injury. 

Art.  21.  Liberty  of  conscience  is  absolute. 

The  liberty  of  all  the  cults  is  guaranteed  in  so  far  as  their  cele 
bration  does  not  offend  against  public  order  or  good  customs. 

The  Eastern  Orthodox  Eeligion  is  the  dominant  religion  of  th( 
Roumanian  State.     The  Orthodox  Roumanian  Church  is  and  re 
mains  independent  of  all  foreign  supremacy  while  preserving  it 
unity  with  the  QEcumenical  Eastern  Church  so  far  as  dogmas  ar& 
concerned. 

The  spiritual,  canonical  and  disciplinary  affairs  of  the  Roumanian 
Orthodox  Church  shall  be  regulated  by  a  unique  central  synodal 
authority,  conformably  to  a  special  law.* 

The  metropolitans  and  the  diocesan  bishops  of  the  Roumanian 
Orthodox  Church  are  elected  according  to  the  mode  determined  by  a 
special  law.* 

Art.  22.  The  acts  of  the  civil  State  are  within  the  competency  of 
the  civil  authorities. 

The  publication  of  these  acts  must  always  precede  the  religious 
benediction,  which  shall  be  obligatory  for  marriages,  except  in  the 
cases  provided  for  by  a  special  law. 

1  Code  of  Military  Justice  of  27  April/9  May  1873. 

2  Law  of  20  October/1  November  1864,  amended  8/21  February  1900. 

3  Law  of  15/27  August  18G4  governing  rural  property.     See  Article  132. 

*  Law  of  19/31  December  1872  on  the  election  of  metropolitans  and  diocesan  bishops 
and  on  the  organization  of  the  Holy  Synod  of  the  Autocephalous  Holy  Roumanian  Ortho- 
dox Church.  Law  of  25  February/10  March  1906  on  the  secular  clergy  and  the 
seminaries. 


ROUMANIA.  521 

Art.  23.  Education  is  free. 

Liberty  of  education  is  guaranteed,  in  so  far  as  its  exercise  does 
not  oifend  against  good  customs  or  public  order. 

The  repression  of  crimes  is  regulated  solely  by  the  law. 

Primary  schools  shall  be  gradually  instituted  in  all  the  communes 
of  Roumania. 

Education  shall  be  gratuitous  in  all  the  schools  of  the  State. 

Primary  instruction  shall  be  obligatory  for  the  Roumanian  youth 
wherever  primary  schools  are  instituted. 

A  special  law  shall  regulate  all  that  concerns  public  instruction.^ 

Art.  24.2  ^j.^^  Constitution  guarantees  to  everyone  the  liberty  of 
communicating  and  of  publishing  his  ideas  and  his  opinions  by  word, 
in  writing  and  by  the  press,  each  one  being  responsible  for  the  abuse 
of  this  liberty  in  the  cases  determined  by  the  Penal  Code,  which  in 
any  case  can  not  restrict  the  right  in  itself. 

No  exceptional  law  can  be  established  in  this  matter. 

Censorship  or  any  other  preventive  measure  against  the  appear- 
ance, sale  or  distribution  of  any  publication  whatsoever  can  not  be 
established. 

There  is  no  need  of  the  prior  authorization  of  any  authority  for 
the  appearance  of  any  publication  whatsoever. 

There  shall  not  be  exacted  any  caution-money  from  journalists, 
writers,  publishers,  printers  and  lithographers. 

The  press  shall  never  be  subjected  to  the  regime  of  warnings. 

No  journal  or  publication  can  be  suspended  or  suppressed. 

The  author  is  responsible  for  his  writings ;  in  default  of  the  author, 
the  manager  is  responsible ;  and  in  default  of  the  latter,  the  editor. 

Every  journal  must  have  a  responsible  manager  enjoying  civil  and 
political  rights. 

Crimes  by  the  press  are  judged  by  jury,  except  ^  those  which  shall 
be  committed  against  the  person  of  the  King  and  of  the  royal  family 
or  against  the  sovereigns  of  foreign  States;  these  crimes  shall  be 
judged  by  the  ordinary  tribunals,  according  to  the  common  law. 

Preventive  arrest  in  the  matter  of  prass  is  forbidden. 

Art.  25.  The  privacy  of  letters  and  of  telegraphic  despatches  is 
inviolable. 

A  law  shall  determine  the  responsibility  of  the  agents  of  the  gov- 
ernment for  the  violation  of  the  privacy  of  letters  and  despatches 
entrusted  to  the  post  and  to  the  telegraph. 

Art.  26.  Roumanians  have  the  right  to  assemble  peaceably  and 
without  arms,  if  they  conform  to  the  laws  which  regulate  the  exer- 

1  Law  of  29  April/11  May  1896  on  primary  and  normal-primary  education,  amended 
many  limes.  Law  of  23  March/4  April  1898  on  secondary  and  higher  education,  amended 
in  1901  and  1904.     Law  of  27  March/8  April  1899  on  professional  education. 

3  As  amended  8/20  June  1884. 

3  This  exception  was  introduced  by  the  law  of  amendment  of  1884. 

88381—19 34 


522  coiTSTiTUTioNS  or  the  states  at  wak. 

cise  of  this  right,  to  treat  questions  of  all  kinds ;  there  is  no  need  of 
a  prior  authorization  for  this. 

This  provision  is  not  applicable  to  assemblings  in  the  open  air, 
which  are  subject  entirely  to  the  police  laws.^ 

Art.  27.  Eoumanians  have  the  right  to  associate  themselves  to- 
gether, if  they  conform  to  the  laws  which  regulate  the  exercise  of 
this  right. 

Art.  28.  Each  one  has  the  right  to  address  himself  to  the  public 
authorities  by  means  of  petition  signed  by  one  or  more  persons,  with- 
out power,  however,  to  petition  otherwise  than  in  the  name  of  the 
signers. 

The  constituted  authorities  alone  have  the  right  to  address  petitions 
in  the  collective  name. 

Art.  29.  There  is  no  need  of  any  prior  authorization  for  the 
bringing  of  suits  by  the  injured  parties  against  public  functionaries 
for  acts  of  their  administration,  except  what  is  specially  enacted 
with  regard  to  ministers. 

The  cases  and  the  manner  of  the  suit  shall  be  determined  by  a 
special  law. 

Special  provisions  of  the  Penal  Code  shall  determine  the  penalties 
incurred  by  false  accusers. 

Art.  30.  No  Eoumanian  can,  without  the  authorization  of  the 
government,  enter  the  service  of  a  foreign  State  without  losing  there- 
by his  nationality. 

The  extradition  of  political  refugees  is  forbidden. 

Title  III. — The  Powers  of  the  State. 

Art.  31.  All  the  powers  of  the  State  emanate  from  the  nation 
which  can  exercise  them  only  by  delegation,  according  to  the  prin- 
ciples and  rules  established  by  the  present  Constitution. 

Art.  32.  The  legislative  power  is  exercised  collectively  by  th( 
King  and  by  the  national  representation. 

The  national  representation  is  divided  into  two  houses :  The  Sen-j 
ate  and  the  Chamber  of  Deputies. 

Every  law  requires  the  approval  of  the  three  branches  of  the  legis^ 
lative  power. 

No  law  can  be  submitted  to  the  sanction  of  the  King  until  after  ii 
has  been  discussed  and  voted  freely  by  the  majority  of  the  twc 
houses. 

Art.  33.  The  right  to  initiate  laws  belongs  to  each  of  the  three" 
branches  of  the  legislative  power. 


Law  of  1/14  April  1903  on  the  organization  of  the  general  police  of  the  State. 


ROUMANIA.  523 

Nevertheless,  every  law  relative  to  receipts  and  to  the  expenditures 
of  the  State  or  to  the  contingent  of  the  army  must  first  be  voted  by 
the  Chamber  of  Deputies. 

x\rt.  34.  Authoritative  interpretation  of  the  laws  belongs  ex- 
clusively to  the  legislative  power. 

Art.  35.  The  executive  power  is  confided  to  the  King,  who  exer- 
cises it  according  to  the  mode  determined  by  the  Constitution. 

Art.  36.  The  judicial  power  is  exercised  by  the  courts  and  tribu- 
nals; their  judgments  and  sentences  are  rendered  by  virtue  of  the 
law  and  executed  in  the  name  of  the  King. 

Art.  37.  Exclusive  interests  of  district  or  conmiune  are  regulated 
by  the  councils  of  the  districts  or  the  communes,  according  to  the 
principles  established  by  the  Constitution  and  special  laws. 

CHAPTER    I. THE    NATIONAL    REPRESENTATION. 

Art.  38.  The  members  of  the  two  houses  represent  the  nation  and 
not  simply  the  district  or  the  locality  which  has  named  them. 

Art.  39.  The  meetings  of  the  houses  are  public. 

Nevertheless,  each  house  forms  itself  into  a  secret  committee  on  the 
request  of  the  president  or  of  10  members. 

It  decides,  afterwards,  by  absolute  majority,  whether  the  session 
must  be  repeated  in  public  on  the  same  subject. 

Art.  40.^  Each  house  verifies  the  titles  of  its  members  and  judges 
the  contests  which  may  arise  in  this  regard. 

An  election  can  be  invalidated  only  by  two  thirds  of  the  number  of 
members  present. ^ 

Art.  41.  No  one  can  be  a  member  of  the  two  houses  at  once. 

Art.  42.  The  members  of  either  house,  named  by  the  government  to 
be  a  salaried  office  which  they  accept,  cease  to  be  representatives  and 
resume  the  exercise  of  their  mandate  only  by  virtue  of  a  reelection. 

These  provisions  are  not  applicable  to  the  ministers. 

The  electoral  law^  determines  incompatabilities. 

Art.  43.  At  each  session  the  Chamber  of  Deputies  names  its  presi- 
dent, its  vice-presidents,  and  forms  its  own  bureau. 

Art.  44.^  The  Senate  elects,  from  its  own  members,  its  president,  its 
vice-presidents,  as  well  as  the  other  members  of  its  own  bureau. 

Art.  45.^  Every  resolution  is  passed  by  an  absolute  majority  of  the 
votes,  except  those  which  shall  be  fixed  by  the  rules  of  the  houses  in 
regard  to  elections  and  presentations. 

In  case  of  a  tie  vote,  the  proposition  under  consideration  is  rejected. 

1  As  amended  8/20  June   1884. 

2  This  provision  was  added  by  the  Ia\A-  of  amendment  of  1884. 


524  CONSTITUTIONS  OF  THE   STATES  AT  WAR. 

Neither  of  the  two  houses  can  pass  a  resoJution,  if  the  majority  of 
its  members  are  not  present. 

Art.  46.  Votes  are  expressed  by  sitting  down  or  standing  up,  viva 
voce  or  by  secret  ballot. 

A  bill  can  be  adopted  only  aft^r  having  been  voted  article  by 
article.  \ 

Art.  47.  Each  house  has  the  right  of  inquiry. 

Art.  48.  The  houses  have  the  right  to  amend  and  to  divide  into 
several  parts  the  articles  and  amendments  proposed. 

Art.  49.  Every  member  of  the  houses  has  the  right  to  address  in- 
terpellations to  the  ministers. 

Art.  50.  Each  has  the  right  of  addressing  petitions  to  the  houses 
through  the  medium  of  the  bureau  or  one  of  its  members. 

Each  of  the  two  houses  has  the  right  to  transmit  to  the  ministers 
petitions  which  are  addressed  to  it. 

The  ministers  are  obliged  to  give  explantions  as  to  their  tenor, 
whenever  the  houses  ask  for  them. 

Art.  51.  No  member  of  either  house  can  be  prosecuted  or  annoyed 
for  the  opinions  or  votes  given  forth  by  him  during  the  exercise  of 
his  mandate. 

Art.  52.  No  member  of  either  house  can,  during  the  length  of  the 
session,  be  prosecuted  or  arrested  in  affairs  of  repression,  except  with 
the  authorization  of  the  house  of  w^hich  he  is  a  member,  unless  in 
case  of  flagrante  delicto. 

The  detention  or  prosecution  of  a  member  of  either  house  is  sus- 
pended  during  the  entire  length  of  the  session,  if  the  house  requires  it. 

Art.  53.  Each  house  determines  by  its  own  regulations  the  mode 
according  to  which  it  exercises  its  attributions. 

Art.  54.  Each  house  deliberates  and  adopts  its  resolutions  sepa- 
rately, except  in  the  cases  expressly  specified  by  the  present  Consti- 
tution. 

Art.  55.  Each  of  the  two  houses  has  the  exclusive  right  to  exer- 
cise its  own  police  through  the  medium  of  its  president,  who  alone   . 
can,  with  the  authorization  of  the  house,  give  orders  to  the  guardS 
of  service.  " 

Art.  56.  No  armed  force  can  be  posted  at  the  doors  or  around 
either  house  without  its  consent. 


I 

I 
I 


SECTION     1. — THE    CHAMBER    OF    DEPUTIES. 


I 


Art.  57.  The  Chamber  of  Deputies  is  composed  of  deputies  elected 
in  the  manner  indicated  below. 

Art.  58.^  The  electoral  body  is,  in  each  district,  divided  into  three ^ 
colleges. 

1  As  amended  8/20  June  1884. 


ROUMANIA.  625 

Art.  59.^  All  those  constitute  the  first  college,  who,  combining  the 
other  conditions  demanded  by  the  law,  have  a  land  revenue,  rural 
or  urban,  of  at  least  1,200  francs. 

Art.  60.^  All  those  constitute  the  second  college,  who,  combining 
the  other  conditions  stipulated  by  the  law,  have  their  domicile  and 
their  residence  in  the  cities  and  pay  the  State  an  annual  direct  tax, 
of  any  Idnd  whatever,  of  at  least  20  francs. 

Exempt  from  the  tax,  income  or  property  qualification  {certs)  in 
this  college  are: 

a.  Those  who  practise  a  liberal  profession. 
h.  Retired  officers. 
G.  Pensioners  of  the  State. 

d.  Those  who  have  completed  at  least  their  primary  education. 
All  the  urban  communes  of  a  district  form  a  single  college  with  the 
chief  town. 

Art.  61.^  All  those  constitute  the  third  college,  who  are  not  electors 
in  the  first  two  colleges  and  who  pay  the  State  a -tax,  however  small. 
The  electors  of  this  college,  who  have  a  rural  land  revenue  of  at 
least  300  francs  and  who  can  read  and  write,  may  vote  at  their  will 
either  directly  for  the  deputy  at  the  chief  town  or  indirectly  for  the 
delegate  in  their  commune,  with  the  electoi^  who  do  not  know  how 
to  read  or  write  and  who  do  not  have  the  required  qualification. 

The  following  also  vote  directly,  with  exemption  from  the  quali- 
fication : 

a.  The  schoolmasters  of  the  village  and  the  priests. 
h.  Those  who  pay  an  annual  rent  of  at  least  1,000  francs. 
Fifty  electors  elect  one  delegate. 

The  mayor,  the  notary,  the  tax-collector,  the  chief  of  the  garrison, 
as  well  as  any  other  public  functionary,  can  not  be  elected  delegates. 
Art,  62.^  These  three  colleges  elect  directly  in  the  following  man- 
ner: 

The  first  college  elects  2  deputies  per  district,  except  the  dis- 
tricts of  Ilfov,  Jassy,  Dolj,  Buzeu,  Mehedintsi,  Prahova,  Teleorman, 
Bacau,  Putna.  Botoshani  and  Tutova,  which  elect  as  follows:  Ilfov, 
5  deputies;  Jassy  and  Dolj,  4  each:  Buzeu,  Mehedintsi,  Prahova, 
Teleorman,  Bacau,  Putna,  Botoshani  and  Tutova,  3  each. 

The  second  college  elects  as  follows:  Bucharest,  9  deputies; 
Jassy,  7;  Craiova  and  Ploesci,  4  each;  Braila,  Turnu-Magurele, 
Bacau,  Roman,  Galatz,  Focshani,  Berlad  and  Botoshani,  3  each; 
Buzeu,  Giurgiu,  Hushi,  Pitesci  and  Turnu-Severin,  2  each ;  the  other 
cities,  1  each. 

The  third  college  elects  1  deputy  per  district,  except  the  dis- 
tricts of  Ilfov,  Dolj,  Mehedintsi,  Prahova,  Buzeu,  Bacau.  Putna  and 
Suciava,  which  elects  2  each. 

lAs  amended  8/20  June  1884. 


526  CONSTITUTIONS   OF   THE   STATES   AT  WAE. 

Art.  63.  The  aiiiount  of  tax  each  indiA'idual  must  pay  to  be  elector 
or  eligible  (e&ns)  can  be  determined  justly  only  by  the  roll  of  taxes, 
the  receipts  or  the  tax-notices  delivered  by  the  collectors  of  taxes  for 
the  preceding  year  and  for  the  current  year. 

Art.  64.  The  electoral  law  determines  all  the  other  conditions  re- 
quired to  be  elector,  as  well  as  the  mode  of  the  electoral  operations.^ 

Art.  65.  To  be  eligible  it  is  necessary : 

a.  To  be  Koumanian  b}^  birth  or  to  have  received  complete 
naturalization. 

h.  To  enjoy  civil  and  political  rights. 

c.  To  be  25  years  of  age  or  more. 

d.  To  be  domiciled  in  Eoumania. 
The  electoral  law  determines  the  disqualifications. 
Art.  66.  The  members  of  the  Chamber  of  Deputies  are  elected  for 

4  years.  ' 

SECTION    2. THE    SENATE. 

Art.  67.^  For  the  Senate,  the  electoral  body  is  divided  in  each  dis- 
trict into  two  colleges. 

Art.  68.^  Those  constitute  the  first  college,  who  have  a  land  reve- 
nue, rural  or  urban,  of  at  least  2,000  francs  per  annum,  with  exemp- 
tion for  the  following  persons : 

a.  The  former  and  present  presidents  or  vice-presidents  of  each 
of  the  legislative  houses. 

h.  The  forrner  senators  and  deputies  who  have  been  members  oj 
two  legislatures. 

c.  Generals  and  colonels  as  well  as  those  who  have  a  grade  assimi- 
lated to  that  of  general  or  colonel. 

d.  The  former  and  present  ministers  or  diplomatic  representa- 
tives of  the  country. 

e.  The  former  and  present  members  or  presidents  of  court,  at- 
torneys-general before  a  court  of  appeal,  presidents,  members  or  at- 
torneys before  the  Court  of  Cassation. 

/.  Those  who  have  a  diploma  of  doctor  or  licentiate  in  any 
specialty  whatever  and  who  have  practised  their  profession  during 
six  years. 

g.  The  members  of  the  Roumanian  Academy. 
Art.  69.2  The  second  college  consists  of  all  the  direct  electors  of  the 
cities  and  of  the  rural  communes  who  have  a  land  revenue,  rural  or 
urban,  of  800  to  2,000  francs,  as  well  as  the  merchants  or  manufac- 
turers who  pay  a  license  of  the  first  and  second  class. 

iThe  electoral  law  dates  from  9/21  June  1884,  but  it  has  been  amended  at  least  four 
times  (1903,  1904,  1906  and  1907). 
2  As  amended  8/20  June  1884. 


ROUMANIA.  527 

The  following  persons  are  exempt  from  the  qualification  (cens)  in 
this  college : 

a.  Those  who  possess  a  doctor's  diploma  in  any  specialty  what- 
ever or  any  other  title  equivalent  to  that  of  doctor  emanating  from 
a  special  superior  school. 

.  h.  Licentiates  in  law,  in  letters,  in  philosophy  or  in  sciences. 

c.  Former  and  present  magistrates  who  have  served  during  six 
years. 

d.  Engineers,  architects,  pharmacists  and  veterinarians  who 
have  diplomas. 

e.  Professors  of  State  schools  in  the  cities  or  of  secondary  schools 
recognized  by  the  State. 

/.  Pensioners  who  receive  a  pension  of  at  least  1,000  francs  per 
annum. 

Art.   70.^  Each  of  these  two  colleges  votes  separately. 

The  first  college  elects  2  senators  per  district. 

The  second  college  elects  1  senator  per .  district,  except  the  fol- 
lowing districts  which  elect  as  follow^s:  Ilfov,  5;  Jassy,  3;  Braila, 
Covurlui,  Dolj,  Prahova,  Botoshani,  Tutova,  Teleorman,  Mehedinsti, 
Buzeu.  Bacau,  Putna,  Dimbovitsa,  Romanatsi,  Neamtsi,  2  senators 
each. 

Art.  71.^  Whatever  may  be  the  numbers  of  the  sections  of  which 
the  electoral  college  is  composed,  each  elector  votes  for  the  number 
of  representatives  which  the  college  of  which  he  is  a  member  should 
elect. 

Art.  72.^  The  electoral  operation  of  each  college  for  the  Chamber 
and  the  Senate  shall  be  made  in  a  single  day. 

Art.  73.  The  Universities  of  Jassy  and  of  Bucharest  each  send 
to  the  Senate  a  member  chosen  by  the  professors  of  the  respective 
universities. 

Art.  74.  In  order  to  be  able  to  be  elected  senator,  it  is  necessary : 

1.  To  be  Roumanian  by  birth  or  naturalization. 

2.  To  enjoy  civil  and  political  rights. 

3.  To  be  domiciled  in  Roumania. 

4.  To  be  at  least  40  years  old. 

5.  To  have  an  income,  of  any  nature  whatever,  of  800  ducats 
[about  $1,880],  determined  in  the  manner  provided  for  in  Article  63. 

Art.  75.^  The  following  are  exempt  from  this  qualification  (cens)  : 
a.  The  former  presidents  or  vice-presidents  of  one  of  the  legisla- 
tive houses. 

h.  The  former  deputies  and  senators  who  have  been  members  of 
two  legislatures. 

1  As  amended  8/20  June  1884. 


528  CONSTITUTIONS   OF   THE   STATES   AT   WAK. 

c.  Generals  and  those  of  like  rank. 

d.  Colonels,  retired  or  unattached. 

e.  Former  and  present  ministers  or  diplomatic  representatives 
of  the  country. 

/.  Those  who  have  occupied  for  three  years  the  office  of  mem- 
ber of  a  court,  or  for  one  year  those  of  president  of  the  court,  attor- 
ney-general, attorney  or  member  of  the  Court  of  Cassation. 

g.  Those  who  have  a  diploma  of  doctor  or  licentiate  in  any  spe- 
cialty whatever  and  who  have  practised  their  profession  for  at  least 
six  years. 

h.  The  members  of  the  Roumanian  Academy. 
Art.  76.  The  following  are  ex-offtcio  {de  droit)  members  of  the 
Senate : 

1.  The  heir  to  the  throne,  at  the  age  of  18  years,  with  a  delibera- 
tive voice  only  at  25  years. 

2.  The  metropolitans  and  diocesan  bishops. 
Art.  77.^  The  senators  and  deputies  receive  per  diem  indemnity 

during  the  length  of  the  session. 

Art.  78.^  The  members  of  the  Senate  are  elected  for  eight  years 
and  are  renewed  by  halves  every  four  years  by  lot. 

The  rules  of  the  Senate  shall  fix  the  drawing  of  lots  in  such  a 
manner  that  the  elimination  shall  be  divided  among  all  the  districts. 

Art.  79.  The  retiring  members  are  reeligible. 

Art.  80.  In  case  of  dissolution,  the  Senate  is  renewed  integrally. 

Art.  81.  Every  meeting  of  the  Senate  held  outside  of  the  time  of 
the  session  of  the  Chamber  of  Deputies  is  null  ipso  facto. 

CHAPTER  II. THE   KING  AND  THE  MINISTERS. 

SECTION    1. — THE   KING. 

Art.  82.  The  constitutional  powers  of  the  King  are  hereditary  in 
the  direct  and  legitimate  lineage  of  His  Highness,  King  Charles 
of  Hohenzollern-Sigmaringen,  from  male  to  male,  by  order  of  primo- 
geniture and  to  the  perpetual  exclusion  of  the  females  and  theii 
lineage. 

The  descendants  of  His  Highness,  King  Charles  I,  shall  be  brought 
up  in  the  Eastern  Orthodox  Religion. 

Art.  83.  In  default  of  masculine  lineage  in  direct  line  from  His 
Highness,  King  Charles  I  of  Hohenzollern-Sigmaringen,  the  suc- 
cession to  the  throne  shall  revert  to  the  oldest  of  his  brothers  or  their 
descendants,  according  to  the  rules  established  in  the  preceding 
article. 


lAs  amended  8/20  June  1884. 


ROUMANIA.  529 

If  there  exists  no  longer  any  of  these  brothers  or  their  descendants, 
or  if  they  declare  beforehand  that  they  will  not  accept  the  throne, 
the  King  may  then  choose  his  successor  in  one  of  the  sovereign  dynas- 
ties of  Europe,  with  tlie  assent  of  the  national  representation  given 
in  the  form  prescribed  by  Article  84. 

If  neither  of  these  two  cases  takes  place,  the  throne  shall  be  con- 
sidered vacant. 

Art.  84.  In  case  of  vacancy  of  the  throne,  the  two  houses  unite 
immediately  in  one  single  assembly,  even  without  convocation,  and, 
within  eight  days  at  most  from  the  date  of  their  assembling,  they 
elect  a  King  in  one  of  the  sovereign  dynasties  of  western  Europe. 

To  be  able  to  proceed  to  this  election  the  presence  of  three  fourths 
of  the  members  who  compose  each  of  the  two  houses  and  a  majority 
of  two  thirds  of  the  members  present  are  necessary. 

In  the  case  where  the  election  shall  not  have  been  made  within  the 
period  prescribed  above,  the  ninth  day,  at  noon,  the  houses  reunited 
shall  proceed  to  the  election,  whatever  the  number  of  the  members 
present,  and  by  the  absolute  majority  of  votes. 

If  the  houses  are  dissolved  at  the  moment  of  the  vacancy  of  the 
throne,  they  shall  proceed  as  it  is  prescribed  in  the  article  below. 

During  the  vacancy  of  the  throne,  the  united  houses  shall  name  a 
royal  lieutenantship  composed  of  three  persons,  which  shall  exercise 
the  royal  powers  until  the  accession  of  the  King. 

In  all  the  cases  above  indicated  the  vote  shall  be  by  secret  ballot. 

Art.  85.  On  the  death  of  the  King,  the  houses  shall  unite,  even 
without  convocation,  ten  days,  at  the  latest,  after  the  declaration  of 
the  death. 

If  they  have  been  dissolved  before  and  the  convocation  has  been 
made  in  the  act  of  dissolution  for  a  time  later  than  the  tenth  day, 
the  former  houses  shall  resume  their  functions  until  the  meeting  of 
those  who  are  to  replace  them. 

Art.  86.  From  the  date  of  the  death  of  the  King  until  the  taking 
of  the  oath  by  his  successor  to  th^  throne,  the  constitutional  powers 
of  the  King  are  exercised  in  the  name  of  the  Roumanian  people  by 
the  ministers  assembled  in  council  and  under  their  responsibility. 

Art.  87.  The  King  is  of  age  at  18  years. 

He  takes  possession  of  the  throne  only  after  having  taken  in  the 
midst  of  the  united  houses  the  following  oath : 

I  swear  to  observe  the  Constitution  and  the  laws  of  the  Roumanian  people, 
to  maintain  the  national  rights  and  the  integrity  of  the  territory. 

Art.  88.  The  King  may,  during  his  lifetime,  name  a  Regency  com- 
posed of  three  persons,  which,  after  the  death  of  the  King,  shall  exer- 
cise the  royal  powers  during  the  minority  of  the  successor  to  the 
throne.     This  nomination  shall  be  made  with  the  consent  of  the 


530  CONSTITUTIONS   OE   THE   STATES  AT  WAE. 

national  representation,  given  in  the  form  prescribed  by  Article  84 
of  the  present  Constitution. 

The  Regency  shall  exercise  at  the  same  time  the  tutelage  of  the 
successor  to  the  throne  during  the  minority  of  the  latter. 

If,  at  the  death  of  the  King,  the  Regency  has  not  been  named,  and 
if  the  successor  to  the  throne  is  a  minor,  the  two  houses  united  shall 
name  a  Regency,  proceeding  according  to  the  forms  prescribed  by 
Article  84  of  the  present  Constitution. 

The  members  of  the  Regency  enter  upon  their  functions  only  after 
having  taken  solemnly,  before  the  two  houses  united,  the  oath  pre 
scribed  by  Article  87  of  the  present  Constitution. 

Art.  8^.  If  the  King  finds  himself  unable  to  reign,  the  ministers 
after  having  caused  this  impossibility  to  be  established  legally,  im 
mediately  convoke  the  houses. 

The  latter  name  the  Regency,  which  shall  exercise  ^t  the  same  time 
the  tutelage. 

Art.  90.  No  modification  can  be  made  in  the  Constitution  during 
the  Regency. 

Art.  91.  The  King  can  not  be  at  the  same  time  head  of  another 
State  without  the  consent  of  the  two  houses. 

Neither  of  the  two  houses  can  deliberate  on  this  question,  if  at  leas 
two  thirds  of  the  members  which  compose  it  are  not  present,  and  th 
decision  can  only  be  taken  by  the  majority  of  two  thirds  of  the  vote! 
of  the  members  present. 

Art.  92.  The  person  of  the  King  is  inviolable;  his  ministers  a 
responsible. 

No  act  of  the  King  can  have  effect,  if  it  is  not  countersigned  by 
minister,  who  by  that  alone  makes  himself  responsible. 

Art.  93.  The  King  appoints  and  dismisses  his  ministers. 

He  sanctions  and  promulgates  the  laws. 

He  may  refuse  his  sanction. 

He  has  the  right  of  amnesty  in  political  matters. 

He  has  the  right  to  remit  or  reduce  the  punishment  in  crimina 
cases ;  except  what  is  decreed  relative  to  the  ministers.^ 

He  can  not  suspend  the  course  of  proceedings  or  of  decisions  no: 
intervene  in  any  manner  in  the  administration  of  justice. 

He  names  or  confirms  in  all  the  public  offices. 

He  can  not  create  a  new  office  without  a  special  law. 

He  makes  the  regulations  necessary  for  the  execution  of  the  law 
without  the  power  ever  to  modify  or  suspend  the  laws  themselves  oi 
dispense  with  their  execution. 

He  is  head  of  the  army. 

He  confers  the  military  grades,  conforming  to  the  law. 

He  may  confer  the  Roumanian  decoration,  conforming  to  the  law, 

» See  Article  103  (below,  p.  532). 


ROUMANIA.  531 

He  has  the  right  to  coin  money,  conforming  to  a  special  law. 

He  concludes  with  foreign  States  conventions  of  commerce,  of 
navigation,  and  others  of  the  same  nature;  but  in  order  that  these 
acts  may  have  obligatory  force,  it  is  necessary  that  they  be  first 
submitted  to  the  legislative  power  and  approved  by  it. 

Art.  94.  The  law  fixes  the  civil  list  for  the  duration  of  each  reign. 

Art.  95.  The  Chamber  of  Deputies  and  the  Senate  meet  without 
convocation  on  15  November  of  each  year,  if  the  King  has  not  con- 
voked them  before. 

The  duration  of  each  session  is  three  months. 

At  the  opening  of  the  session,  the  King  sets  forth  the  state  of  the 
country  in  a  message  to  which  the  houses  respond. 
•  The  King  pronounces  the  closing  of  the  session. 

He  has  the  right  to  convoke  the  houses  in  extraordinary  session. 

He  has  the  right  to  dissolve  the  two  houses  either  simultaneously 
or  separately. 

The  act  of  dissolution  should  include  the  convocation  of  the 
electors  within  two  months  and  of  the  houses  within  three  months. 

The  King  can  adjourn  the  houses;  however,  the  adjournment  can 
not  exceed  the  term  of  one  month  nor  be  renewed  in  the  same  session 
without  the  assent  of  the  houses. 

Art.  96.  The  King  has  only  those  powers  granted  to  him  by  the 
Constitution. 

SECTION    2. — THE   MINISTEES. 

Art.  97.  No  one  can  be  minister,  if  he  is  not  Roumanian  by  birth 
or  has  not  received  naturalization. 

Art.  98.  No  member  of  the  reigning  family  can  be  minister. 

Art.  99.  If  the  ministers  are  not  members  of  a  house,  they  may 
take  part  in  the  debates  there,  but  have  not  the  right  to  vote. 

One  minister,  at  least,  must  be  present  at  the  deliberations  of  the 
houses. 

The  houses  can  require  the  presence  of  the  ministers  at  their  de- 
liberations. 

Art.  100.  In  no  case  can  the  verbal  or  written  order  of  the  King 
relieve  a  minister  from  responsibility. 

Art.  101.  Each  of  the  two  houses  and  the  King  have  the  right  to 
impeach  the  ministers  and  to  arraign  them  before  the  High  Court  of 
Cassation  and  of  Justice,  which  alone  has  the  right  to  try  them,  in 
full  bench,  except  in  so  far  as  shall  be  enacted  by  law  as  to  the  exer- 
cise of  civil  action  by  the  injured  party  and  except  the  crimes  and 
offenses  which  ministers  shall  have  committed  outside  of  the  exercise 
of  their  functions. 

The  impeachment  of  ministers  can  be  pronounced  only  by  a  two- 
thirds  majority  of  the  members  present. 


',  ' 


532  CONSTITUTIONS   OF  THE  STATES  AT  WAR.  j 

A  law  shall  be  presented  at  the  next  seasion  to  determine  the  cases 
of  responsibility,  the  penalties  to  be  inflicted  on  ministers  and  the 
mode  of  procedure  against  them,  whether  on  accusation  admitted  by 
the  national  representation  or  on  the  suit  of  the  injured  parties.^ 

The  accusation  directed  by  the  national  representation  against  the 
ministers  shall  be  sustained  by  it. 

The  accusation  directed  by  the  King  shall  be  sustained  by  the  pub-! 
lie  prosecutor. 

Art.  102.  Until  this  is  provided  for  by  the  law  anticipated  by  the 
preceding  article,  the  High  Court  of  Cassation  and  of  Justice  shall 
liave  power  to  characterize  the  crime  and  determine  the  penalty. 

However,  the  penalty  can  not  be  made  stronger  than  imprisonment, 
without  prejudice  to  cases  provided  for  by  the  penal  laws. 

Art.  103.  The  King  can  remit  or  reduce  the  penalty  applied  to  the 
ministers  by  the  High  Court  of  Cassation  and  of  Justice  only  on  the 
request  of  the  house  which  has  impeached  them. 

CHAPTER    III. THE    JUDICIAL   POWER. 

Art.  104.  No  jurisdiction  can  be  established  except  by  virtue  of  a 
law.2 

Extraordinary  commissions  and  tribunals  can  not  be  created  under 
any  pretext  or  under  any  denomination  whatever. 

There  is  one  single  Court  of  Cassation  for  all  the  Roumanian 
State.3 

Art.  105.*  The  jury  is  established  in  all  criminal  matters  and  fo; 
political  offenses  and  those  of  the  press ;  the  suit  for  damages  resul 
ing  from  acts  and  offenses  of  the  press  can  not  be  brought  excep 
before  the   same   jurisdiction.      Only   the   commission   of   jurymen 
shall  judge  and  decide  on  the  damages  and  their  amount. 


I 


CHAPTER    IV. DISTRICT    AND    COMMUNAL    INSTITUTIONS. 

Art.  106.  The  district  and  communal  institutions  are  regulated  bl 
the  laws.^ 

Art.  107.  These  laws  shall  have  for  base  a  more  complete  adminis 
trative  decentralization  and  the  communal  independence. 

1  Law  of  2/14  May  1879  on  ministerial  responsibility. 

2  Law  of  9/21  July  1865  on  the  organization  of  the  judiciary,  amended  many  time 
See  Dareste,  op.  cit.,  p.  250,  note  1. 

3  Law  of  24  January/5  February  1861  creating  a  Court  of  Cassation,  amended  by  the 
Law  of  30  June/13  July  1905  and  by  the  Law  of  7/20  March  1906. 

*  As  amended  8/20  June  1884. 

"Law  of  31  March/12  April  1864  on  district  councils,  amended  in  1885,  1886,  1894 
and  1905.  Law  of  23  July/4  August  1894  on  the  organization  of  urban  communes, 
amended  in  1905.     Law  of  26  April/9  May  1904  on  the  organization  of  rural  communes. 


ROUMANIA.  533^ 

Title  IV. — Finances.^ 

Art.  108.  Every  impost  is  established  only  for  the  profit  of  the 
State,  of  the  district  or  of  the  commune. 

Art.  109.  No  impost  for  the  profit  of  the  State  can  be  established 
or  collected  except  by  virtue  of  a  law. 

Art.  110.  No  charges  or  imposition  for  the  profit  of  the  district 
can  be  established  except  with  the  consent  of  the  council  of  the 
district. 

No  communal  charge  or  imposition  can  be  established  except  with 
the  consent  of  the  communal  council. 

The  imposts  voted  by  the  district  and  communal  councils  must 
obtain  the  confirmation  of  the  legislative  power  and  the  sanction  of 
the  King. 

Art.  111.  No  privileges  may  be  established  in  the  matter  of 
imposts. 

No  exemption  or  moderation  of  impost  can  be  established  except 
by  law. 

Art.  112.  No  .pension  or  gratuity  at  the  charge  of  the  public 
treasury  can  be  granted  except  by  virtue  of  a  law. 

Art.  113.  Each  year  the  Chamber  of  Deputies  decrees  the  law  of 
accounts  and  votes  the  budget. 

All  the  receipts  and  expenditures  of  the  State  must  be  carried  in 
the  budget  and  in  the  accounts. 

The  budget  shall  always  be  presented  to  the  Chamber  of  Deputies 
a  year  before  its  application,  and  it  shall  be  definitive  only  after 
having  been  voted  by  it  and  sanctioned  by  the  King. 

If  the  budget  has  not  been  voted  in  time,  the  executive  power 
shall  provide  for  the  public  services,  in  conformity  to  the  budget  of 
the  preceding  year,  without  powers,  however,  to  apply  this  budget 
more  than  one  year  beyond  the  year  for  which  it  has  been  voted. 

Art.  114.  The  final  regulation  of  the  accounts  shall  be  presented 
to  the  Chamber  at  the  latest  within  the  period  of  two  years  counting 
from  the  close  of  each  fiscal  period  (exercice). 

Art.  115.  The  financial  laws  shall  be  published  in  the  official 
bulletin  as  are  the  other  laws  and  regulations  of  public  adminis- 
tration. 

Art.  116.  There  is  for  all  Koumania  a  single  Court  of  Accounts.^ 

Art.  117.  The  various  foundations  providing  hitherto  special 
funds,  of  which  the  government  disposes  by  different  rights,  shall 
be  included  in  the  general  budget  of  the  revenues  of  the  State 

^Law  of  5/17  March  1897  on  the  organization  of  the  financial  administration  of  the 
State. 

'  Law  of  28  January /9  February  1895  on  the  organization  of  the  High  Court  of 
Accounts. 


534  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

Title  V. — The  Armed  Force. 

Art.  118.1  Every  Roumanian  is  a  part  of  one  of  the  elements  of 
the  armed  force,  conformably  to  the  special  laws.^ 

Art.  119.  Soldiers  can  be  deprived  of  their  grades,  honors  and 
pensions  only  by  virtue  of  a  judicial  sentence  and  in  the  cases  de- 
termined by  the  laws. 

Art.  120.  The  contingent  of  the  army  is  voted  annually. 

The  laws  which  fixes  this  contingent  has  force  only  for  one  year 

Art.  121.1  ^he  national  guard  is  and  remains  abolished. 

Art.  122.  No  foreign  troops  can  be  admitted  to  the  service  of  the 
State,  occupy  or  traverse  the  territory  of  Roumania,  except  by  virtue 
of  a  law. 

Title  VI. — General  Provisions. 

Art.  123.  The  colors  of  Roumania  remain,  as  in  the  past,  blue,  yel- 
low and  red. 

Art.  124.  The  city  of  Bucharest  is  the  capital  of  Roumania  and  the 
seat  of  the  government. 

Art.  125.  No  oath  can  be  imposed  except  by  virtue  of  the  law 
which  shall  also  at  the  same  time  determine  the  formula  thereof. 

Art.  126.  No  law  or  regulation  of  general,  district  or  communal 
administration  can  have  obligatory  force  until  after  having  been 
published  in  the  form  determined  by  the  law. 

Art.  127.  The  Constitution  can  not  be  suspended  in  whole  or 
part. 

Title  VII. — ^Tpie  Revision  of  the  Constitution. 


I 


1 


Art.  128.  The  legislative  power  has  the  right  to  declare  that  theri 
is  occasion  for  the  revision  of  such  provision  of  the  Constitution  as 
it  designates. 

After  this  declaration,  read  three  times  fortnightly  in  public  meei 
ing  and  approved  by  the  two  houses,  the  latter  are  dissolved  ipso  fac 
and  they  shall  be  convoked  anew  within  the  period  prescribed  b 
Article  95. 

The  new  houses  determine,  in  common  accord  with  the  King,  up' 
the  points  submitted  to  revision. 

In  this  case,  the  houses  can  not  deliberate,  if  at  least  two  thirds  o: 
the  members  who  compose  each  of  them  are  not  present,  and 
change  shall  be  adopted,  if  at  least  two  thirds  of  the  votes  do  n 
agree. 

1  As  amended  8/20  June  1884. 

"^  See  below  the  note  under  Article   131,   No.   9. 


ROUMANIA.  535 

Title  VIII. — Transitory  and  Supplementary  Provisions. 

Art.  129.  From  the  day  when  the  Constitution  shall  be  executory, 
all  laws,  decrees,  regulations  and  other  acts  which  are  contrary  are 
abrogated. 

Art.  130.^  The. Council  of  State,  with  the  attributions  of  admin- 
istrative contest,  can  not  be  reestablished. 

The  Court  of  Cassation  shall  pronounce,  as  heretofore,  on  the  con- 
flict of  attributions. 

A  permanent  commission  shall  be  established  which  shall  have  no 
other  attributions  than  to  study  and  elaborate  projects  of  law  and 
the  rules  of  public  administration. 

Under-Secretaries  of  State  shall  be  appointed.  They  shall  have 
power  to  take  part  in  the  debates  of  the  legislative  bodies  under  the 
responsibility  of  the  ministers. 

Art.  131.^  The  following  objects  shall  be  provided  for,  in  the 
shortest  possible  period,  by  separate  laws : 

1.  Administrative  decentralization. 

2.  The  responsibility  of  the  ministers  and  other  agents  of  the 
executive  power.^ 

3.  Measures  proper  to  prevent  the  abuses  of  cumulation.^ 

4.  The  modification  of  the  pension  law. 

5.  The  conditions  of  admission  and  advancement  in  the  admin- 
istrative offices. 

6.  The  development  of  the  ways  of  communication. 

7.  The  exploitation  of  mines  and  forests. 

8.  The  rivers  and  streams  navigable  or  available  for  rafts. 

9.  The  organization  of  the  army,*  the  laws  of  advancement  and 
retirement  and  the  different  positions  of  the  officers. 

10.  Military  justice.'^ 

All  existing  codes  and  laws  shall  be  revised  to  be  placed  in  agree- 
ment with  the  Constitution.® 

Art.  133.^  The  lands  of  those  formerly  liable  to  statute-labor 
{clacasi)^  of  their  descendants  newly  married  {insuratsi)  and  the 
inhabitants  who  have  bought  or  shall  buy  in  small  lots  from  the 

lAs  amended  8/20  June  1884, 

"See  the  note  under  Article  101   (above,  p.  532). 

8  Law  of  30  June/12  July  1890  prohibiting  the  cumulation  of  public  offices. 

*Law  of  8/20  July  1882  on  the  recruiting  of  the  army,  amended  in  1883,  1887,  1891. 
1898,  1900  and  1903.  Law  of  25  February/lO  March  1900  on  the  administration  of  the 
army.  Law  of  22  May/3  June  1898  on  the  organization  of  the  navy,  amended  In 
1906. 

« Code  of  Military  Justice  of  27  Aprll/9  May  1873. 

"Civil  Code  of  1864.  Code  of  Civil  Procedure  of  1865,  revised  in  1900.  Penal  Code 
of  1874.  Code  of  Penal  Procedure  of  1864.  Code  of  Commerce  of  1887,  amended  in 
1895  and  1900. 


536 


CONSTITUTIONS  OF  THE  STATES  AT  WAR. 


property  of  the  State  are  and  shall  be  inalienable  during  32  years, 
dating  from  the  promulgation  of  this  law. 

The  power  of  alienating  the  land  of  their  habitation  shall  however 
be  granted  by  special  laws  to  the  inhabitants  included  within  the 
radius  of  an  urban  commune. 

Inalienability  is  applied  equally  to  the  lands  sold  by  the  State  in 
small  lots  on  the  territory  of  Roumania  beyond  the  Danube.  The 
exchanges  of  land  for  other  lands  do  not  enter  into  the  prohibition 
of  the  present  law. 

The  exchanges  referred  to  here  can  be  made  only  against  lands  of 
the  same  extent  and  value.^ 

Additional  Article.^  The  provisions  of  the  present  Constitution 
shall  be  applied  by  special  laws  in  tlie  part  of  Roumania  which  is 
bevond  the  Danube. 


1  Law  of  15/27  August  18(>4  regulating  rural  property. 

2  Added   *  20  June  1884.      See   Dauestk,  op.   cit.,   p.   255,   uote  2, 


RUSSIA. 

The  fundamental  prinpiple  of  government  of  Russia  was  pure 
autocracy  until  1906.  The  political  institutions  had  no  root  in  what 
might  be  called  the  national  rights  of  Russia,  but  were  the  results 
simply  of  administrative  measures  modified  by  the  Czar  at  his  pleas- 
ure. The  fii^t  ukase  announcing  general  reforms  appeared  on  12/25 
December  1904.  These  reforms  were  to  apply  to  certain  definite 
points,  such  as  religious  liberty,  liberty  of  the  press,  civil  liberty,  etc. 
Numerous  ukases  were  promulgated  in  1905  for  putting  into  execu- 
tion a  part  of  these  reforms.  On  6/19  August  1905  the  Czar  issued 
regulations  for  the  election  of  a  national  representative  body  upon 
a  restricted  suffrage.  This  concession  did  not  satisfy  the  liberal 
elements,  and  on  17/30  October  an  Imperial  Manifesto  promised : 

1.  To  grant  to  the  population  the  immutable  guaranties  of  civil  liberty, 
upon  the  basis  of  real  inviolability  of  person,  of  liberty  of  conscience,  of  speech, 
of  assembly  and  of  association. 

2.  To  permit  the  participation  in  the  Duma  of  the  Empire,  as  far  as  pos- 
sible within  the  brief  period  of  time  remaining  before  the  convocation  of  the 
Duma  and  without  interrupting  the  progress  of  the  elections  to  that  assembly, 
of  those  classes  of  the  population  who  are  now  completely  deprived  of  electoral 
rights,  leaving  the  further  development  of  the  principle  of  universal  suffrage 
to  the  newly  established  h^gislative  procedure. 

3.  To  establish,  as  an  immutable  rule,  that  no  law  shall  become  effective 
without  the  approval  of  the  Imperial  Duma,  and  that  the  representatives  of 
the  people  be  guaranteed  the  possibility  of  exercising  an  effective  supervision 
as  to  the  legality  of  the  acts  of  the  imperial  authorities.* 

The  liberal  election  law  of  11/24  December  1905  -  and  the  Funda- 
mental Laws  of  23  April/6  Ma}-  1906  were  steps  toward  the  execution 
of  these  promises.^ 


FUNDAMENTAL  LAWS  OF  23  APRIL/6  MAY  1906.^ 

Article  1.  The  Russian  Empire  is  one  and  indivisible. 
Art.  2.  The  Grand  Duchy  of  Finland,  forming  an  indivisible  part 
of  the  Russian  Empire,  shall  be  governed  in  its  internal  affairs 

^  This  text  is  a  free  translation  of  the  French  text  published  in  the  Journal  de  St. 
Peterahourg  of  4  November  1905. 

''See  note  under  Article  59  (below,  p.  544). 

*  These  introductory  paragraphs  are  based  upon  W.  F.  Dodd,  Modem  Constitutions 
(Chicago,  1909),  vol.  ii,  p.  181,  and  F.  R.  Dareste  et  P.  Dakeste,  Les  Constitution/* 
moderncs  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  148-151. 

<  These  laws  constitute  Part  I  of  the  Code  {8vod)  of  law8  of  the  Russian  Empire. 
Translation  based  upon  that  in  Douu,  oi).  cit.,  pp.  182-195.  French  translation  in 
Dare.ste,  op.  cit.,  pp.  151-163.  German  translation  in  Paul  Posener,  Die  Staatsver- 
fassungen  des  Erdballs  ( Chariot  tenburg,  1909),  pp.  801-816. 

88381—19 35  537 


538  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

by  special  regulations  established  on  the  basis  of  a  special  legis- 
lature.^ 

Art.  3.  The  Russian  language  is  the  official  language  of  the  Empire 
and  its  use  is  obligatory  in  the  army,  the  navy  and  all  governmenta' 
and  public  institutions.  The  use  of  local  languages  and  dialects  in 
governmental  and  public  institutions  shall  be  regulated  by  specia 
laws. 

Chapter  I. — The  Nature  of  the  Supreme  Autocratic  Power. 

Art.  4.  The  Emperor  of  all  the  Eussias  wields  the  supreme  auto- 
cratic power.  To  obey  his  authority,  not  only  through  fear,  but  for 
the  sake  of  conscience,  is  ordered  by  God  himself. 

Art.  5.  The  person  of  the  Emperor  is  sacred  and  inviolable. 

Art.  6.  The  same  supreme  autocratic  power  shall  belong  likewise  tc 
the  Empress  when  the  succession  to  the  throne  falls  to  a  person  o: 
the  female  sex  according  to  the  established  order;  but  her  consort^ 
shall  not  be  considered  as  Emperor;  he  shall  enjoy  the  honors  and; 
privileges  enjoyed  by  the  consorts  of  Emperors,  but  without  the  title. 

Art.  7.  The  Emperor  is  vested  with  the  legislative  power  jointly 
with  the  Imperial  Council  and  the  Imperial  Duma. 

Art.  8.  The  initiative  in  all  legislative  measures^  belongs  to  th( 
Emperor.  Only  through  his  initiative  may  fundamental  laws  be  sub- 
mitted to  the  Imperial  Council  and  the  Imperial  Duma  for  disi 
cussion. 

Art.  9.  The  Emperor  sanctions  the  laws  and  without  his  approval 
no  law  shall  be  put  into  execution. 


*  When  Finland  was  annexed  to  Russia  in  1809,  the  Emperor  Alexander  I  guarantee 
the  religion  and  the  fundamental  laws  of  the  country.  The  fundamental  laws  thui 
guaranteed  were  the  Swedish  laws  of  1772  and  1789,  under  which  there  existed  a  gen^ 
eral  Swedish  Diet  of  four  estates.  A  local  Finnish  Diet,  containing  representatives  of  th< 
four  estates,  was  at  once  convened,  and  accepted  the  Russian  Emperor  as  Grand  Duk< 
of  Finland.  For  about  90  years  Finland  retained  its  local  institutions  almost  unii 
paired,  although  the  Diet  was  infrequently  in  session.  According  to  a  law  approved  b; 
the  Russian  Emperor  in  1869,  no  fundamental  law  could  be  enacted  or  altered  withou 
the  consent  of  the  estates. 

For  some  time  before  1899  there  had  been  a  strong  feeling  among  Russian  official 
that  Finnish  institutions  should  be  assimilated  to  those  of  the  rest  of  the  Empire.  Whei( 
difficulty  was  apprehended  in  obtaining  the  passage  of  laws  reorganizing  the  Finnish  arm; 
and  incorporating  it  with  that  of  the  Empire,  the  F^mperor  on  16  February  1899  issued 
manifesto  by  which  he  withdrew  from  the  Finnish  Diet  all  power  to  legislate  upoi 
matters  of  "  general  interest  and  importance  for  the  Empire." 

This  step  and  others  during  the  several  succeeding  years,  tending  to  destroy  the  ii 
dependence  of  the  Grand  Duchy,  were  vigorously  opposed  by  the  Finnish  people, 
consequence  of  a  general  strike  in  October  1905,  the  Russian  government  was  forced  t< 
yield.  An  Imperial  Manifesto  of  4  November  1905  annulled  the  obnoxious  laws  and  con 
vened  the  Finnish  Diet.  On  10  May  1906  a  bill  for  the  reform  of  representation  in  thi 
Finnish  Diet  was  approved  by  the  Emperor  and  adopted  by  the  Diet.  By  this  law  th 
Diet  was  organized  into  a  single  chamber  of  200  delegates,  of  whom  60  formed  a  gram 
committee,  somewhat  similar  to  the  Norwegian  Lagthing.  Members  of  the  Diet  are  electe< 
by  direct  universal  suffrage,  the  right  to  vote  being  given  to  men  and  women  who  hav 
attained  the  age  of  24  years.  The  Diet  holds  annual  sessions  and  its  members  are  electei 
for  three  years  upon  a  system  of  proportional  ivpresentatlon. 

*  But  not  the  exclusive  power  of  initiation  with  respect  to  ordinary  legislation ;   see 
Article  65  of  this  law  (below,  p.  545). 


RUSSIA.  539 

Art.  10.  The  administrative  power  in  all  its  extent  belongs  to  the 
Emperor  Avithin  the  limits  of  the  entire  Russian  Empire.  The  Em- 
peror acts  directly  in  matters  of  supreme  government ;  in  subordinate 
governmental  matters  a  certain  degree  of  power  may  be  entrusted  by 
him,  in  accordance  with  the  law,  to  the  competent  officers  and  per- 
sons acting  in  his  name  and  by  his  orders. 

Art.  11.  The  Emperor,  in  the  exercise  of  the  supreme  powers  of 
government,  issues,  in  conformity  with  the  laws,  ukases  for  the  organ- 
ization and  the  putting  into  execution  of  various  parts  of  the  govern- 
mental administration,  as  well  as  orders  necessary  for  the  execution 
of  the  laws. 

Art.  12.  The  Emperor  has  supreme  control  of  all  relations  of  the 
Russian  Empire  with  foreign  Powers.  He  likewise  determines  the 
course  of  the  international  policy  of  the  Russian  Empire. 

Art.  13.  The  Emperor  declares  war  and  concludes  peace,  as  well  as 
other  treaties  with  foreign  countries. 

Art.  14.  The  Emperor  is  the  supreme  chief  of  the  Russian  army 
and  navy.  He  is  vested  with  the  supreme  command  of  all  land  and 
naval  forces  of  the  Russian  Empire.  He  determines  the  organization 
of  the  army  and  of  the  navy,  and  issues  ukases  and  orders  concerning 
the  disposition  of  the  troops,  the  placing  of  troops  on  war  footing, 
their  instruction,  the  advancement  of  soldiers  and  everything  bearing 
on  the  organization  of  the  armed  forces  and  the  defense  of  the  Rus- 
sian Empire.  The  Emperor  likewise,  in  the  exercise  of  his  supreme 
power,  determines  limitations  with  regard  to  right  of  residence  and 
acquisition  of  real  property  in  localities  forming  part  of  fortified 
legions  and  points  of  support  for  the  army  and  the  navy. 

Art.  15.  The  Emperor  declares  localities  to  be  in  a  state  of  war  or 
in  an  exceptional  state. 

Art.  16.  The  Emperor  has  the  right  to  coin  money  and  to  deter- 
mine its  form. 

Art.  17.  The  Emperor  appoints  and  dismisses  the  president  of  the 
Council  of  Ministers,  the  ministers  and  the  chiefs  of  separate  depart- 
ments, as  well  as  other  officials  for  whose  appointment  and  dismissal 
no  other  mode  of  procedure  has  been  established  by  law. 

Art.  18.  The  Emperor,  in  the  exercise  of  supreme  power,  estab- 
lishes the  limitations  demanded  by  the  State  service. 

Art.  19.  The  Emperor  grants  titles,  decorations  and  other  official 
distinctions,  as  well  as  rights  of  ownership.  He  determines  the  condi- 
tions and  procedure  for  the  granting  of  titles,  decorations  and  dis- 
tinctions. 

Art.  20.  The  Emperor  issues  directly  ukases  and  orders  with  re- 
gard to  property  forming  his  own  personal  possessions,  as  well  as 
with  regard  to  property,  known  as  the  Emperor's  possessions,  which 
belongs  always  to  the  reigning  Emperor  and  which  can  not  be  willed, 


540  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

divided  or  alienated  in  any  way.  The  former  as  well  as  the  latter 
possessions  are  not  subject  to  taxation  or  to  any  other  charges. 

Art.  21.  The  Emperor,  as  head  of  the  imperial  family,  makes,  in 
accordance  with  the  rules  governing  the  imperial  house,  provisions 
concerning  the  domains  of  the  crown.  He  likewise  determines  the 
organization  of  the  institutions  belonging  to  the  ministry  of  the 
imperial  court,  as  well  as  the  manner  of  their  administration. 

Art.  22.  The  judicial  power  shall  be  exercised  in  the  name  of  the 
Emperor  by  courts,  established  by  law,  whose  decisions  shall  be  issued 
in  the  name  of  the  Emperor. 

Art.  23.  The  Emperor  has  the  right  to  pardon  condemned  persons, 
to  commute  punishments  and  to  pardon  completely  persons  who  have 
committed  midemeanors  or  crimes,  stopping  proceedings  against  them 
and  freeing  them  from  trial  and  punishment,  as  well  as  to  free  them 
from  all  fines,  through  his  imperial  favor,  and  to  grant  privileges  in 
special  cases,  which  are  not  covered  by  general  laws,  in  case  no  inter- 
ests or  civil  rights  guaranteed  by  the  law  suffer  through  such  action. 

Art.  24.  The  provisions  of  the  Code  (vol.  I,  pt.  1,  edition  of  1892) 
on  the  order  of  succession  to  the  throne  (Articles  3-lT),  on  the  com- 
ing of  age  of  the  Emperor,  on  the  regency  and  guardianship  (Articles 
18-30),  on  the  accession  to  the  throne  and  the  oath  of  allegiance 
(Articles  31-34  and  Appendix  V),  on  the  holy  coronation  and  the 
anointment  (Articles  35  and  36),  on  the  title  of  His  Imperial  Majesty 
and  the  arms  of  the  Empire  (Articles  37-39  and  Appendix  I)  and 
on  religion  (Articles  40-46)^  maintain  the  force  of  fundamental 
laws.^ 

^  It  may  be  of  interest  to  give  here  the  following  translation  of  these  articles  on 
religion  and  the  note  appended  to  them  : 

Art,  40.  The  religion  which  ranks  first  and  dominates  in  the  Russian  Empire  is  the 
Eastern  Catholic  Orthodox  Christian  Religion. 

Art.  41.  The  Emperor  reigning  on  the  throne  of  all  the  Russias  can  not  belong  to  any 
other  religion  than  the  Orthodox  Religion. 

Art.  42.  The  Emperor,  in  the  character  of  Christian  prince,  is  the  sovereign  defender 
and  protector  of  the  doctrines  of  the  dominant  religion  as  well  as  the  guardian  of  the 
orthodoxy  and  sacred  discipline  in  the  Church. 

Art.  43.  He  exercises  autocratic  ecclesiastical  power  with  the  aid  of  the  directing 
Holy  Synod  appointed  by  him. 

Art.  44.  All  the  subjects  of  the  Russian  Empire,  by  birth  or  naturalization,  as  well 
as  foreigners  in  the  service  of  Russia  or  temporarily  residing  in  Russia,  who  do  not 
belong  to  the  dominant  religion,  enjoy  in  all  places  the  free  exercise  of  their  religion 
and  of  the  particular  ceremonies  of  their  cult. 

Art.  45.  Religious  freedom  belongs  not  only  to  Christians  of  other  confessions,  but 
even  to  Jews,  Mohammedans  and  pagans ;  in  order  that  all  the  peoples  who  inhabit 
Russia  may  glorify  Almighty  God  in  their  different  languages,  in  the  religion  and  cult 
of  their  fathers,  blessing  the  authority  of  the  Russian  monarchs  and  beseeching  the 
Creator  of  the  universe  to  increase  the  prosperity  and  to  strengthen  the  Empire. 

Art.  46.  The  ecclesiastical  affairs  of  Christians  of  other  confessions  and  of  non- 
Christians  in  the  Russian  Empire  are  administered  by  the  spiritual  heads  of  the  different 
cults  and  by  the  special  authorities  instituted  for  this  purpose  by  the  supreme  power. 

Note. — The  rule  concerning  the  observance  of  religious  tolerance  and  the  limits  of  this 
tolerance  form  the  object  of  detailed  provisions  contained  in  the  various  ustavs. 

'  German  translation  of  all  of  these  articles  of  the  Code  in  Posener,  op.  cit.,  pp. 
803-811. 


1 


RUSSIA.  541 

Art.  25.  The  provisions  concerning  the  imperial  family  (Code, 
vol.  I,  pt.  1,  edition  of  1892,  Articles  82-179,  and  Appendices  II-IV 
and  VI),  continuing  to  have  the  force  of  fundamental  laws,  may  be 
amended  and  supplemented  only  by  the  Emperor  himself  in  accord- 
ance with  the  procedure  established  by  him,  if  the  amendments  and 
supplements  to  such  provisions  do  not  encroach  upon  general  laws 
and  do  not  require  any  new  expenditures  from  the  public  treasury. 

Art.  26.  The  ukases  and  orders  of  the  Emperor,  issued  directly  by 
him  or  accordinof  to  the  procedure  of  the  higher  administration,  shall 
be  countersigned  by  the  president  of  the  Council  of  Ministers  or  by 
the  competent  minister  or  by  the  head  of  an  administrative  branch, 
and  shall  be  published  by  the  Senate. 

Chapter  II. — The  Rights  and  Duties  of  Russian  Subjects. 

Art.  27.  The  conditions  for  the  acquisition  and  loss  of  Russian 
citizenship  shall  be  regulated  by  law. 

Art.  28.  The  defense  of  the  throne  and  of  the  country  is  the  sacred 
duty  of  every  Russian  subject.  The  entire  male  population,  without 
distinction  of  classes,  is  liable  to  military  service  in  accordance  with 
the  terms  of  the  law. 

Art.  29.  All  Russian  subjects  are  under  the  obligation  to  pay  the 
taxes  and  dues  established  by  law,  and  to  fulfill  all  other  le^al  oblijsja- 
tions  imposed  by  law. 

Art.  30.  No  one  shall  be  prosecuted  for  criminal  offenses  in  any 
other  manner  than  that  established  by  law. 

•Art.  31.  No  one  shall  be  arrested  except  in  the  cases  determined 
by  law. 

Art.  32.  No  one  shall  be  tried  and  punished  except  for  criminal 
offenses  provided  for  by  penal  laws  in  force  at  the  time  they  were 
committed,  unless  new  laws  exclude  the  actions  committed  by  the 
culprit  from  the  category  of  criminal  offenses. 

Art.  33.  The  domicile  of  everyone  is  inviolable.  Domiciliary 
searches  without  the  consent  of  the  owner,  seizures  and  confiscations 
shall  take  place  only  in  the  cases  and  in  the  manner  provided  by  law. 

Art.  34.  Every  Russian  subject  shall  have  the  right  to  select  his 
place  of  abode  and  his  occupation,  to  buy  and  sell  property  and  to 
depart  from  the  territory  of  the  Empire  without  molestation.  Lim- 
itations upon  these  rights  are  established  by  special  laws. 

Art.  35.  Property  is  inviolable.  Expropriation  of  real  property, 
when  such  is  necessary  for  the  public  good  or  for  the  State,  shall 
take  place  only  for  an  equitable  and  adequate  indemnification. 

Art.  36.  Russian  subjects  have  the  right  to  assemble  peacefully 
and  without  arms,  for  purposes  not  contrary  to  the  laws.    The  law 


542  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

determines  the  conditions  under  which  these  meetings  may  be  held,  the 
manner  of  closing  them  and.  likewise  the  limitation  as  to  the  locali- 
ties where  they  may  take  place.^ 

Art.  37.  Ever3-one  shall  have  the  right,  Avithin  the  limits  pre- 
scribed by  law,  to  express  his  thoughts  orally,  in  writing,  through 
the  press  or  by  other  means. 

Art.  38.  Kussian  subjects  have  the  right  to  form  societies  and  asso- 
ciations for  purposes  not  contrary  to  the  laws.  The  conditions  for 
their  formation,  their  mode  of  functioning,  the  conditions  to  be  ful- 
filled in  order  to  obtain  juridical  personality,  as  well  as  the  manner  of 
dissolving  societies  and  associations,  are  regulated  by  law.^ 

Art.  39.  Russian  subjects  shall  enjoy  liberty  of  conscience.  The 
conditions  under  which  this  liberty  is  enjoyed  shall  be  determined 
by  law. 

Art.  40.  All  foreigners  residing  in  Russia  shall  enjoy  the  same 
rights  as  Russian  subjects  within  certain  limitations  established  by 
law\ 

Art.  41.  Exceptions  from  the  provisions  of  this  chapter,  with  re- 
gard to  localities  in  a  state  of  war  or  in  an  exceptional  state,  shall  be 
indicated  in  special  laws. 

Chapter  III. — The  Laws. 

Art.  42.  The  Russian  Empire  shall  be  governed  in  accordance  with 
the  immutable  principal  of  law,  promulgated  according  to  the  estab- 
lished procedure. 

Art.  43.  The  laws  are  binding  upon  all  Russian  subjects  without 
exception  and  upon  all  foreigners  residing  in  Russia. 
^    Art.  44.  No  new  law  shall  be  promulgated  without  the  approval  of 
the  Imperial  Council  and  of  the  Imperial  Duma  nor  become  effective 
without  the  sanction  of  the  Emperor. 

Art.  45.  During  the  recess  of  the  Imperial  Duma,  if  extraordinary 
circumstances  require  the  adoption  of  a  measure  which  should  be  made 
the  subject  of  legislative  deliberation,  the  Council  of  Ministers  may 
present  such  a  measure  directly  to  the  Emperor.  Such  a  measure 
shall  not,  however,  introduce  any  changes  in  the  fundamental  laws 
of  the  Empire  or  in  the  organization  of  the  Imperial  Council  or  of 
the  Imperial  Duma  or  in  the  electoral  laws  for  the  Council  and  the 
Duma.  The  legal  force  of  such  a  measure  ceases,  if  it  is  not  submitted 
to  the  Imperial  Duma,  within  two  months  after  that  body  has  re- 
sumed its  work,  by  the  competent  minister  or  by  the  head  of  an 

^  Temporary  law  on  assemblies,  of  4/17  March  1906. 

2  Temporary  law  on  associations  and  unions,  of  4/17  March  1906. 


RUSSIA.  543 

administrative  branch,  in  the  form  of  a  project  of  law;  or  if  such 
measure  is  rejected  by  the  Imperial  Council  or  the  Imperial  Duma. 

Art.  46.  Laws  enacted  for  a  certain  locality  or  for  a  cei-tain  part 
of  the  population  are  not  repealed  by  new  general  laws,  unless  such 
new  laws  specifically  repeal  them. 

Art.  47.  Every  law  shall  have  force  only  for  the  future,  except  in 
the  cases  when  it  is  stated  in  the  law  itself  that  it  is  retroactive,  or 
that  it  is  only  a  confinnation  or  explanation  of  the  sense  of  a  law 
already  existing. 

Art.  48.  The  custody  of  the  laws  is  entrusted  to  the  S'enate.  For 
this  reason  every  law  shall  be  sent  in  the  original  or  in  a  certified 
copy  to  the  Imperial  Senate. 

Art.  49.  The  laws  are  published  by  the  Senate  in  the  established 
order,  and  are  not  in  force  until  such  publication. 

Art.  50.  Legislative  measures  shall  not  be  published,  if  the  pro- 
lure  in  enacting  them  does  not  correspond  with  the  requirements 
these  fundamental  laws. 

Art.  51.  After  its  publication,  the  law  becomes  effective  from  the 
date  fixed  in  the  law  itself  and,  should  such  a  date  not  be  fixed,  from 
the  day  the  publication  of  the  Senate,  in  which  the  law  is  printed, 
reaches  the  various  localities  of  the  Empire.  It  may  be  provided  in 
the  law  itself  that,  until  its  publication,  it  may  be  put  into  execution 
by  telegraph  or  by  couriers. 

Art.  52.  A  law  shall  not  be  repealed  in  any  other  way  except  by 
a  new  law.  Therefore,  until  the  existing  law  has  been  expressly  re- 
pealed by  a  new  law,  it  remains  in  force. 

Art.  53.  Xo  one  may  plead  ignorance  of  the  law,  after  the  law  has 
been  published  in  accordance  w^ith  the  established  order. 

Art.  54.  Regulations  concerning  building,  technical  and  economic 
departments,  as  well  as  orders  and  regulations  issued  to  institutions 
and  officers  of  the  military  and  naval  departments,  after  having  been 
axamined  by  the  Military  Council  or  the  Admiralty  Council,  shall 
be  submitted  directly  to  the  Emperor,  if  such  regulations,  orders  and 
measures  concerning  the  above-mentioned  departments  do  not  en- 
croach upon  the  general  laws  and  do  not  require  new  expenditures, 
or  if  the  expenditures  required  are  covered  by  the  expected  economies 
realized  in  the  military  and  naval  budgets  respectively.  In  the  case' 
when  the  new  expenditure  can  not  be  covered  by  the  above-mentioned 
economics,  such  orders,  regulations  and  measures  shall  be  submitted 
to  the  Emperor  only  after  the  necessary  credit  has  been  demanded  in 
accordance  with  the  established  forms. 

Art.  55.  Regulations  regarding  military  and  naval  courts  shall  be 
issued  in  accordance  with  the  forms  established  in  the  military  and 
naval  law. 


544  CONSTITUTIONS   OF  THE   STATES  AT  WAR. 

Chapter  IV. — The  I^iperial  Council,  the  Imperial  Duma  and] 
THE  Mode  of  Their  Activity. 

Art.  56.  The  Imperial  Council  and  the  Imperial  Duma  shall  be] 
convened  annually  by  ukase  of  the  Emperor. 

Art.  57.  The  duration  of  the  annual  session  of  the  Imperial  Coun-| 
cil  and  of  the  Imperial  Duma  and  the  dates  for  adjournment's  during] 
the  year  shall  be  fixed  by  ukase  of  the  Emperor. 

Art.   58.  The  Imperial  Council  shall  be  composed  of  members] 
appointed  by  the  Emperor  and  members  chosen  by  election.     The 
total  number  of  members  of  the  Imperial  Council,  appointed  by  the] 
Emperor  and  summoned  to  the  Council,  shall  not  exceed  the  nuni: 
ber  of  members  chosen  by  election.^ 

Art.  59.  The  Imperial  Duma  shall  be  composed  of  members  elected] 
by  the  population  of  the  Russian  Empire  for  a  term  of  five  years,  in 
accordance  with  the  principles  established  by  the  laws  regulating  the 
elections  to  the  Imperial  Duma.^ 

1  The  Imperial  Council  as  a  legislative  body  was  instituted  by  the  Imperial  Ukase  of 
20  February/5  March  1906,  superseded  by  the  Ukase  of  24  April/7  May  190G.  There  is  a 
French  translation  of  the  latter  in  Dareste,  op.  oit.,  pp.  171-180.  The  elected  members  of 
the  Council  are  chosen  by:  (1)  The  clergy  of  the  Russian  Orthodox  Church;  (2)  the  pro- 
vincial zemstvos;  (3)  the  assemblies  of  the  nobility  ;  (4)  the  Imperial  Academy  of  Science 
and  the  imperial  universities;  (5)  the  council  of  trade  and  commerce,  the  Moscow  section 
of  such  council,  the  local  committees  of  commerce  and  manufactures,  committees  of  ex- 
change and  boards  of  trade.  The  Russian  Orthodox  Church  chooses  6  members  ;  each  pro- 
vincial zemstvo,  1 ;  the  assemblies  of  the  nobility,  18  ;  the  Imperial  Academy  of  Science 
and  the  universities  together,  6 ;  the  council  of  trade  and  commerce  together  with  commit- 
tees of  commerce  and  boards  of  trade  elect  12  members.  All  of  these  elections  take  place 
indirectly  by  means  of  electoral  colleges  for  each  of  the  5  classes  of  electors,  each  class 
choosing  its  members  in  a  separate  electoral  body.  The  elected  members  of  the  Imperial 
Council  are  chosen  for  9  years,  in  such  a  manner  that  one  third  of  each  class  shall  retire 
every  third  year. 

2  The  Duma  was  instituted  by  the  Imperial  Ukase  of  6/19  August  1905  and  the  first  elec- 
tion regulations  were  issued  on  the  same  day.  These  regulations  provided  for  indirect  elec- 
tions with  a  limited  suffrage.  By  manifesto  of  17/30  October  1905  the  Emperor  promised 
an  extension  of  the  suffrage,  and  such  extension  was  accomplished  by  the  Ukase  of  11/24 
December  1905.  By  this  instrument  the  right  to  vote  for  electors  in  the  urban  electoral 
colleges  was  extended:  (1)  To  all  persons  who  for  1  year  had  owned  or  possessed  a  life 
estate  in  real  property  assessed  for  State  or  municipal  taxes  (under  the  August  regulations 
there  had  been  a  tax  qualification  of  from  500  to  3,000  rubles  for  this  class  of  voters)  ;  (2) 
to  all  persons  who  for  1  year  had  conducted  a  commercial  enterprise  for  which  an  in- 
dustrial certificate  was  required  ;  (3)  to  persons  who  had  resided  within  the  town  and 
paid  a  lodging  tax  for  1  year;  (4)  to  persons  who  for  1  year  had  paid  a  tax  on  personal 
industry  ;  (5)  to  persons  occupying,  for  the  period  of  1  year,  an  apartment  rented  in 
their  own  names  ;  (6)  to-  persons  receiving  certain  State  or  local  pensions.  Laborers, 
who,  by  the  election  regulations  of  6/10  August  1905,  were  practically  excluded  from  the 
right  to  vote,  were  permitted  by  the  Ukase  of  11/24  December  to  choose  electors  to  the 
provincial  and  urban  electoral  colleges.  As  the  peasants  had  already  been  granted  the 
right  to  vote,  the  December  regulations  went  far  toward  establishing  universal  male 
suffrage.  The  system  of  indirect  elections  was  retained  and  was  extended  in  the  case 
of  the  new  electoral  class  of  laborers.  The  Ukase  of  20  February /5  March  1906  provided 
for  the  internal  organization  and  procedure  of  the  Duma.  There  is  a  French  transla- 
tion of  this  Ukase  in  Dareste,  op.  cit.,  pp.  164-171. 

Under  the  above-mentioned  provisions  the  first  Duma  assembled  on  27  April/10  May 

1906  ;  it  was  dissolved  on  9/22  July  1906.    The  second  Duma  met  on  20  February/5  March 

1907  ;  it  was  dissolved  on  3/16  June  1907,  because  of  its  failure  immediately  to  surrender, 
upon  the  demand  of  the  government,  55  social  democratic  members  accused  of  plotting 
against  the  government ;  the  third  Duma  met  on  1/14  November  1907.     In  violation  of 


RUSSIA.  545 

Art.  60.  The  Imperial  Council  examines  the  credentials  of  its 
members  chosen  by  election.  The  Imperial  Duma  examines  in  a  like 
manner  the  credentials  of  its  members. 

Art.  61.  No  one  shall  be  at  the  same  time  a  member  of  the  Imperial 
Council  and  a  member  of  the  Imperial  Duma. 

Art.  62.  The  members  of  the  Imperial  Council  chosen  by  election 
may  be  replaced  by  new  members  before  the  expiration  of  their  man- 
date, by  ukase  of  the  Emperor,  which  shall  at  the  same  time  order 
new  elections  of  members  to  the  Imperial  Council. 

Art.  63.  The  Imperial  Duma  may  be  dissolved  by  ukase  of  the 
Emperor  before  the  expiration  of  the  quinquennial  mandate  of  its 
members.  The  same  ukase  shall  order  new  elections  of  members  to 
the  Imperial  Duma  and  shall  fix  the  time  of  its  meeting. 

Art.  64.  The  Imperial  Council  and  the  Imperial  Duma  enjoy  equal 
rights  in  matters  of  legislation. 

Art.  65.  The  Imperial  Council  and  the  Imperial  Duma,  in  the 
course  of  their  functions  as  determined  by  the  laws  establishing  them, 
have  the  right  to  propose  the  amendment  or  repeal  of  existing  laws 
or  the  enactment  of  new  laws,  with  the  exception  of  the  fundamental 
laws  of  the  Empire,  the  initiative  for  the  revision  of  which  belongs 
exclusively  to  the  Emperor. 

Art.  66.  The  Imperial  Council  and  the  Imperial  Duma,  in  the 
course  of  their  functions  as  determined  by  the  laws  establishing 
them,  have  the  right  to  demand  explanations  from  the  ministers  and 
from  the  heads  of  administrative  branches,  subordinate  to  the  Sen- 
ate, with  regard  to  actions  of  apparent  illegality  on  their  part  or  on 
the  part  of  officers  subordinate  to  them  or  to  their  offices. 

Art.  67.  The  Imperial  Council  and  the  Imperial  Duma  shall  have 
power,  in  the  course  of  their  functions  as  determined  by  the  laws 
establishing  them,  to  deliberate  concerning  all  matters  placed  within 
their  authority  by  the  laws  creating  these  bodies. 

Art.  68.  Projects  of  law  shall  be  discussed  in  the  Imperial  Duma, 
and  upon  its  approval  shall  be  submitted  to  the  Imperial  Council. 
Projects  of  law,  elaborated  by  the  Imperial  Council,  shall  be  dis- 
cussed in  the  Council  and  upon  its  approval  shall  be  submitted  to  the 
Imperial  Duma. 

Art.  69.  Projects  of  law  not  adopted  by  the  Imperial  Council  or 
by  the  Imperial  Duma  shall  be  considered  as  rejected. 

the  fundamental  laws,  the  Emperor,  at  the  time  of  dissolving  the  second  Duma,  Issued  a 
new  election  law.  By  this  law  elections  were  to  be  held  by  distinct  classes  of  voters. 
The  classes  are:  (1)  Landed  proprietors;  (2)  urban  electors,  divided  into  2  classes 
according  to  the  amount  of  taxes  which  they  pay;  (3)  peasants;  (4)  laborers.  The 
landed  proprietors  and  the  richer  classes  gained  an  increased  influence  in  the  elections ; 
the  influence  of  peasants  and  lalK)rers  was  reduced.  The  large  industrial  centers  lost 
their  special  representation.  The  total  number  of  representatives  was  reduced  from  524 
to  442,  the  curtailment  being  principally  in  the  non-Russian  portions  of  the  Empire ;  the 
Polish  representation  was  reduced  from  40  to  14. 


546  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

Art.  to.  Projects  of  law,  elaborated  by  the  Imperial  Council  or 
by  the  Imperial  Duma,  and  not  approved  by  the  Emperor,  shall  not 
again  be  presented  in  either  of  these  bodies  for  consideration  during 
the  same  session.  Projects  of  law,  elaborated  by  the  Imperial  Coun- 
cil or  by  the  Imperial  Duma  and  rejected  by  one  of  these  bodies, 
may  be  again  presented  to  these  bodies  for  consideration  during  th-? 
same  session,  if  the  Emperor  should  order  it. 

Art.  71.  Projects  of  law,  presented  to  the  Imperial  Duma  and 
approved  by  the  latter  and  by  the  Imperial  Council,  and  projects  of 
law,  elaborated  by  the  Imperial  Council  and  approved  by  the  latter 
and  by  the  Imperial  Duma,  shall  be  submitted  to  the  Emperor  by 
the  president  of  the  Council  of  Ministers. 

Art.  72.  In  the  revision  of  the  budget,  the  sums  destined  for  the 
covering  of  government  loans  and  other  indebtedness  contracted  by 
the  Russian  Empire  shall  not  be  excluded  or  curtailed. 

Art.  73.  Credits  for  the  expenses  of  the  ministry  of  the  imperial 
court,  as  well  as  those  for  the  institutions  subordinate  thereto,  in  sums 
not  exceeding  those  assigned  in  the  budget  of  1906,  shall  not  be  sub- 
mitted for  discussion  before  the  Imperial  Council  or  the  Imperial 
Duma.  Likewise,  changes  made  in  the  above-mentioned  credits  by 
virtue  of  the  regulations  regarding  the  imperial  family,  on  account  of 
changes  made  in  such  regulations,  shall  not  be  subject  to  discussion 
either  in  the  Imperial  Council  or  in  the  Imperial  Duma. 

Art.  74.  Should  the  budget  not  be  approved  before  the  beginning  of 
the  fiscal  year,  the  last  budget  approved  according  to  the  legal  forms 
shall  remain  in  force  with  only  the  modifications  introduced  by  laws 
passed  since  its  establishment.  Until  the  publication  of  the  new 
budget,  credits  may  be  gradually  opened  by  order  of  the  Council  of 
Ministers  and  placed  at  the  disposal  of  the  various  ministers  and 
principal  branches  of  administration  in  amounts  absolutely  neces- 
sary, which  shall  not,  however,  exceed  one  twelfth  of  the  total  amount 
of  the  expenditures  fixed  by  the  budget. 

Art.  75.  Extraordinary  credits  for  the  needs  in  time  of  war  and  for 
special  preparation  preceding  war  may  be  opened  in  all  branches 
of  the  government,  by  virtue  of  the  poAvers  of  the  supreme  admin- 
istration in  the  manner  prescribed  by  law. 

Art.  76.  Government  loans  to  cover  ordinary  budgetary  and  ex- 
traordinary expenditures  may  be  granted  in  accordance  w^ith  the  pro- 
cedure established  for  the  approval  of  the  budget  of  expenditures  and 
revenues  of  the  Empire.  Government  loans  for  the  purpose  of  cover- 
ing expenditures,  in  cases  and  within  the  limits  provided  by  Article  74, 
as  well  as  loans  for  the  purpose  of  covering  expenditures  mentioned 
in  Article  75,  may  be  authorized  by  the  Emperor,  by  virtue  of  the 
powers  of  the  supreme  administration.    The  duration  and  conditio: 


i)^ 


RUSSIA.  547 

of  loans  are  fixed  by  virtue  of  the  powers  of  the  supreme  administra- 
tion. 

Art.  77.  If  the  project  giving  the  number  of  men  necessary  for  the 
recruiting  of  the  army  and  the  navy  has  been  submitted  in  time  to 
the  Imperial  Duma  and  a  law  regarding  this  matter  shall  not  have 
been  enacted  in  the  regular  manner  by  1  May,  the  Emperor  may,  by 
ukase,  call  to  the  colors  the  necessary  number  of  men;  this  number, 
hoAvever,  shall  not  exceed  that  recruited  in  the  previous  year. 

Ctt AFTER  V. — The  Council  of  Ministers,  the  Ministers  and  the 
Heads  of  Administrative  Branches. 

Art.  78.  The  direction,  and  unification  of  the  actions  of  the  min- 
isters and  of  the  heads  of  administrative  branches  in  matters  bearing 
upon  legislation  as  well  as  in  the  higher  governmental  administration 
shall  belong  to  the  Council  of  Ministers  and  shall  be  based  on  prin- 
ciples determined  by  law.^ 

Art.  79.  The  ministers  and  heads  of  administrative  branches  have 
the  right  to  vote  in  the  Imperial  Council  and  in  the  Imperial  Duma 
only  if  they  are  members  of  these  bodies. 

Art.  80.  The  obligatory  orders,  instructions  and  regulations,  issued 
by  the  Council  of  Ministers,  by  the  ministers  and  the  heads  of  admin- 
istrative branches,  as  well  as  by  other  persons  authorized  by  law  to 
take  such  action,  shall  not  be  in  violation  of  the  law. 

Art.  81.  The  president  of  the  Council  of  Ministers,  the  ministers 
and  the  heads  of  administrative  branches  shall  be  responsible  to  the 
Emperor  for  the  general  course  of  the  governmental  administration. 
Each  of  them  shall  be  individually  responsible  for  his  actions  and 
orders. 

Art.  82.  The  president  of  the  Council  of  Ministers,  the  ministers 
and  heads  of  administrative  branches  incur  the  civil  and  criminal 
responsibility,  in  accordance  with  the  provisions  of  the  law,  for  all 
criminal  offenses  committed  in  the  discharge  of  their  duties. 

*  The  Council  of  Ministers  was  organized  by  the  Imperial  Ukase  of  19  October/1  Novem- 
ber 1905.  The  president  of  the  Council  has  the  right  to  require  Information  from  all 
other  ministers  and  to  represent  the  general  administration  in  the  Imperial  Council  and 
the  Imperial  Duma.  No  general  administration  measure  can  be  adopted  without  the 
action  of  the  Council  of  Ministers. 


SAN  MARINO. 

Embraced  in  the  area  of  Italy  is  the  independent  Republic  of  San 
Marino,  which  claims  to  be  the  oldest  State  in  Europe.  Its  institu- 
tions go  back  to  the  remotest  times  and  were  founded  on  no  written 
document.  The  Amngo,  or  assembly  of  the  heads  of  families,  which 
was  sovereign,  delegated  its  powers  in  1652  to  the  Great  Council 
{generale  Consiglio  Principe)  of  60  members  who  since  that  time 
have  been  chosen  by  cooption,  20  from  among  the  nobility,  20  from 
the  citizens  of  the  town  and  20  from  the  inhabitants  of  the  rural  dis- 
trict. This  Council  elected  two  of  its  members  Regents  {Capitami 
reggenti) ,  whose  offices,  pureh''  gratuitous,  expired  every  six  months. 
The  popular  election  of  councilors  instead  of  the  more  ancient 
method  was  brought  about  as  a  result  of  the  convocation  of  the 
Arringo  generale^  which  met  on  25  March  1906  and  pronounced  it- 
self by  a  great  majority  in  favor  of  the  reform.  An  "  Electoral  Regu- 
lation for  the  General  Election  of  the  Prince  and  Sovereign  Coun- 
cil "  was  adopted  on  5  May  1906  and  the  first  elections  took  place 
on  10  and  17  June  1907.  On  24  July  1907  the  Council  took  the  name 
of  Grand  General  Council  and  the  quorum  was  reduced  from  40  to 
30.  A  smaller  council  consists  of  12  members  and  is  divided  into  4 
sections :  Congresso  Economico  di  Stato,  Congresso  dei  Legally  Con- 
gresso  degli  Stvdi^  Congresso  Militare.  The  law  given  below  supjfle- 
ments  and  modifies  the  provisions  contained  in  the  Electoral  Regu- 
lation of  5  May  1906  and  is  included  here,  because  it  contains  prin- 
ciples of  a  constitutional  character.  All  the  successive  governments 
in  Italy  have  respected  the  independence  of  the  Republic  of  San 
Marino.^ 


LAW  OF  29  AUGUST  1907.=* 
On  the  Election  or  Members  of  the  Grand  Council. 

CHAPTER   I. — conditions   REQUIRED   OF   ELECTORS. 

Art.   1.  All  native  or  naturalized  citizens  of   San  Marino   are 
electors. 


1  This  introductory  paragrapli  is  based  upon  F.  R.  Dabbste  et  P.  Dareste,  Lea  Con- 
stitutions modernes  (3d  edition,  Paris,  1910),  vol.  i,  pp.  757-758. 

'  Promulgated  by  decree  of  the  Grand  Council  of  10  September  1907.  Translated  by 
Julia  K.  Kernan  from  the  French  translation  in  the  Annuaire  de  legislation  itrang^re, 
87  (1907)  :  pp.  498-505.  See  the  Electoral  Regulation  of  5  May  1906  in  the  Annuaire 
ie  Ugislation  Hrang^re,  36   (1906)  :  pp.  355-359. 

549 


550  CONSTITUTIOITS  OF   THE  STATES  AT  WAR. 

Art.  2.  The  following  are  deprived  of  the  right  to  vote :  {a)  women ; 
{h)  persons  prohibited  from  and  incapable  of  voting  by  reason  of 
mental  infirmity;  {c)  individuals  permanently  or  temporarily  de- 
prived of  their  full  judicial  capacity,  and  those  condemned  to  punish- 
ment for  crimes  (reati)  or  for  electoral  corruption. 

Art.  3.  The  elector  shall  exercise  his  right  to  vote  only  in  the 
parish  wherein  he  has  his  civil  domicile;  and,  should  he  remove 
therefrom  outside  of  the  territory  of  the  Republic,  he  shall  exercise 
his  political  rights  in  the  parish  wherein  he  had  his  last  domicile  or 
his  last  residence,  the  choice  of  the  parish  wherein  the  voting  shall 
take  place  being  permitted  only  to  those  electors  whose  last  domicile 
or  last  residence  it  is  impossible  to  determine,  provided  that  they 
make  the  request  to  the  registrar  general  after  1  January  and  before 
15  February  of  each  year. 

chapter  ii. formulation  of  the  electoral,  lists. 

Arts.  4^7.^ 

CHAPTER  III. THE    ELECTORAL  DISTRICTS. 

Art.  8.  For  the  elections  the  territory  of  the  Republic  is  divided 
into  as  many  electoral  districts  as  there  are  parishes. 

Art.  9.  Each  parish  has  the  right  to  elect  a  number  of  councilor^ 
proportionate  to  the  number  of  its  inhabitants,  namely : 

Parish.  Councilors. 

Metropolitan    {clella  Pievc) 12 

The  Borgo 10 

*  Seravalle  12 

Faetano 6 

Montegiardino    4 

Chiesa  niiova 4 

A'cquaviva  4 

Domagnano  4 

Fiorentino 2         S 

San  Giovanni 2         ™ 

Art.  10.  There  may  be  elected  from  each  parish  not  only  those  who 
have  their  domicile  therein,  but  also  those  domiciled  in  any  other 
parish  whatever  of  the  Republic. 

chapter  iv. procedure  for  voting. 

Arts.  11-28.1 

chapter  v. verification  of  the  elections. 

Arts.  29-36.^ 

1^  These  articles  contain  merely  technical  details  and  are  therefore  omitted. 


SAN    MAKINO.  551 

CHAPTER  VI. CONDITIONS  OF  ELIGIBILITr. 

Art.  37.  Independently  of  the  other  general  conditions  required  of 
electors  and  mentioned  in  Articles  1  and  2,  the  following  require- 
ments are  exacted  and  indispensable  for  eligibility : 
a.  To  be  able  to  read  and  write. 
h.  To  have  reached  the  age  of  25  years. 
G.  To  have  no  ecclesiastic  character. 
d.  To  be  domiciled  in  the  Republic. 
Art.   38.  The   following  can   not  be   councilors   simultaneously: 
Father  and  son,  or  two  brothers  living  together  and  not  having 
divided  their  common  property  or  patrimonial  estate. 

In  verifying  simultaneous  elections,  that  of  the  candidate  obtain- 
ing the  greatest  number  of  votes  is  considered  valid.  In  case  of 
successive  elections,  the  mandate  obtained  by  the  first  is  a  cause  of 
ineligibility  for  the  second. 

chapter    Vn. RENEWAL.    OF    THE    COUNCIL. 

Art.  39.  The  council  is  renewed  by  thirds  every  three  years. 

For  the  first  two  triennial  periods  (counting  from  the  general 
elections  of  10  June  1906),  the  end  of  the  mandate  shall  be  deter- 
mined by  drawing  lots ;  after  which  the  determining  factor  shall  be 
seniority. 

The  councilors  going  out  of  office  may  always  be  reelected. 

Art.  40.  If,  in  the  course  of  a  triennial  period,  a  seat  becomes 
vacant  for  any  cause  whatsoever,  a  new  election  shall  not  take  place 
immediately,  unless  the  number  of  councilors  lacking  is  more  than 
one  twelfth  of  the  entire  assembly.  If  this  last  contingency  does 
not  arise  in  the  course  of  the  first  two  triennial  periods,  the  third 
of  the  number  of  councilors  to  be  drawn  by  lot  shall  be  diminished 
by  a  corresponding  number  of  vacant  seats. 

When  the  end  of  the  mandate  is  determined  by  seniority,  the  third 
to  be  renewed  is,  on  the  contrary,  increased  by  a  corresponding  num- 
ber of  vacant  seats,  and  the  last  elected  in  excess  of  the  third  of  the 
entire  assembly  shall  replace  those  who  shall  have  left  the  Council 
at  the  first  renewal. 

The  same  plan  of  renewal  shall  be  followed  in  case  it  becomes 
necessary  to  replace  five  or  more  councilors,  who  have  vacated  their 
seats  during  the  course  of  a  triennial  period. 

Art.  41.  Complementary  elections  shall  not  be  held,  even  in  the 
case  covered  by  the  preceding  article,  if  the  councilors  shall  vacate 
their  seats  during  the  last  six  months  of  the  triennial  period. 

Art.  42.  In  case  the  Council  loses  more  than  one  half  of  its  mem- 
bers through  resignation  or  some  other  extraordinary  cause,  it  shall 
be  renewed  integrally. 


552 


CONSTITUTIONS  OF   THE  STATES  AT  WAR. 


In  such  case  it  belongs  to  the  Most  Excellent  Regency  to  convoke 
the  electoral  assemblies,  to  regulate  and  conduct  to  good  issue  all  the 
electoral  proceedings,  in  conformity  with  the  present  law. 


CHAPTER    VIII. GENERAL    RULES. 

Art  43.  The  electoral  assemblies  are  convoked  by  decree  of  the 
Council  and  are  notified  to  the  public  at  least  one  month  before  the 
date  of  the  convocation. 

Art.  44.  The  elector  who  removes  his  domicile  and  his  residence 
into  another  parish  has  the  right  to  be  entered  upon  the  electoral 
list  of  that  place,  on  the  condition  that  he  address  a  request  to  that 
effect  to  the  registrar  general  after  1  January  and  before  15  Feb- 
ruary. 

Art.  45.  If,  after  a  triennial  or  general  renewal,  the  Captains 
'  Regents  are  deprived  of  their  seats  as  councilors,  they  shall  neverthe- 
less continue  in  office  for  the  rest  of  the  six  months  with  the  some 
powers  and  the  same  prerogatives. 

Art.  46.  Without  prejudice  to  the .  sanctions  promulgated  by  Ar- 
ticles 478  and  479  of  the  Penal  Code  in  force,  the  punishment  pre- 
scribed by  the  latter  article  shall  be  applicable  to  all  other  attempts 
against  the  free  exercise  of  political  rights,  even  if  committed  by 
other  means  than  those  covered  in  the  said  article. 


SERBIA. 

From  the  insurrection  of  Karageorge  in  1804  until  1826  the  Serbs 
fought  for  their  independence.  The  Additional  Act  of  the  Akkerman 
Convention  of  7  October  1826,  ratified  three  years  later  by  Article  6  of 
the  Treaty  of  Adrianople,  raised  the  pashalic  of  Belgrade  to  an 
autonomous  and  tributary  principality  under  the  suzerainty  of  the 
Porte  and  the  protectorate  of  Kussia.  Since  that  time  the  following 
constitutional  measures  have  been  promulgated : 

1.  The  Constitution  of  15  February  1835  (171  articles)  which 
created  a  Council  of  State  of  22  permanent  members  charged  with, 
the  elaboration  of  the  laws.  The  Skupshtina,  which  was  to  meet  only 
two  days  each  year,  preserved  scarcely  any  powers  but  those  of  a. 
Chamber  of  Registry. 

2.  The  Hatt-i-sherif  of  12/24  December  1838,  which  was  promul- 
gated at  Belgrade  on  2  March  1839  under  the  name  of  Ustav  or 
statute  (66  articles).  This  document  entrusted  the  legislative  power 
to  a  Senate,  whose  members  were  under  the  jurisdiction  of  the  Porte. 

3.  The  Law  of  3  May  1858,  reforming  the  Ustav,  but  this  law  was 
soon  after  abrogated. 

4.  The  Constitution  of  29  June/11  July  1869,  passed  by  the  Great 
Skupshtina  and  promulgated  by  the  Council  of  Eegenc3\ 

Nearly  ten  years  later  the  final  independence  of  Serbia  with  regard 
to  the  Porte  was  recognized  by  Article  34  of  the  Treaty  of  Berlin  of 
13  July  1878.  but  at  the  same  time  the  conditions  set  forth  in  Article 
35  of  the  same  treaty  were  attached  thereto.  These  conditions,  rela- 
tive to  the  liberty  of  conscience  and  of  worship,  are  the  same  as  those 
imposed  (Article  27)  on  Montenegro.^  On  22  February/6  March 
1882  the  National  Skupshtina  proclaimed  ^  the  raising  of  the  princi- 
pality into  a  kingdom,  and,  in  the  terms  of  the  law  of  the  same  date,* 
Prince  Milan  Obrenovitch  IV  became  Milan  I,  King  of  Serbia. 

5.  The  Constitution  of  22  December  1888/3  January  1889,*  which 
li\ed  scarcely  more  than  five  years.  On  9/21  May  1894  a  royal  procla- 
mation ^  suspended  the  Constitution  of  1888  and  put  back  into  force 
that  of  1869. 


^  See  above,  p.  407. 

=•  French  translation  In  the  British  and  Foreign  State  Papers,  73  :  pp.  737-739. 

3  English  translation  In  the  British  and  Foreign  State  Papers,  73  :  p.  798. 

*  French  translation  In  the  British  and  Foreign  State  Papers,  81  :  pp.  508-540. 

°  See  the  British  and  Foreign  State  Papers,  86  :  p.  987. 

88381—19 36  553 


554  CONSTITUTION'S  OF  THE  STATES  AT  WAR. 

6.  Seven  years  later  the  Constitution  of  1869  disappeared  again,  in 
order  to  give  place  to  a  new  charter,  which  was  proclaimed  on  6/18 
April  1901.^  This  Constitution  contained  a  great  innovation,  namely, 
the  institution  of  a  Senate.  On  2  June  1903  the  national  representa- 
tion decreed  unanimously  that  the  Constitution  of  1888  be  put  back 
into  force  and  proclaimed  Peter  Karageorgevitch  King  of  Serbia  as 
Peter  I. 

7.  On  5/18  June  1903  there  appeared  in  the  official  journal  the  Con- 
stitution adopted  by  the  national  representation  with  the  modifica- 
tions and  additions  rendered  necessary  by  the  change  of  dynasty.  In 
the  main  this  Constitution  reproduces  almost  word  for  word  that  of 
1888.  The  ephemeral  institution  of  a  Senate  disappeared  with  the 
Constitution  of  1901.^ 


CONSTITUTION  OF  5/18  JUNE  1903.^ 

Part  I. — ^The  Form  or  Government,  the  State  Religion  and  the 
Territory  or  the  Kingdom. 

Article  1.  The  Kingdom  of  Serbia  is  an  hereditary  and  con- 
stitutional monarchy  with  national  representation. 

Art.  2.  The  arms  of  the  Kingdom  of  Serbia  are  the  spread  eagle 
of  silver  on  an  escutcheon  of  gules  with  the  royal  crown. 

The  two  heads  of  the  eagle  of  silver  are  surmounted  by  the  royal 
crown;  each  talon  holds  a  fleur-de-lis.    The  eagle  bears  on  his  breast 
the  arms  of  the  Principality  of  Serbia,  "  a  cross  of  silver  on  a  fieh 
of  gules  with  a  gun  between  each  of  the  four  branches." 

The  national  colors  are  red,  blue  and  white. 

Art.  3.  The  State  religion  of  Serbia  is  the  Eastern  Orthodox 
Religion. 

The  Serbian  Church  is  autocephalous.  It  is  not  dependent  on  an^ 
foreign  Church;  it  always  preserves  dogmatic  unity  with  the  Uni- 
versal Eastern  Church. 

Art.  4.  The  territory  of  the  Serbian  State  can  be  neither  alienatec 
nor  divided. 

Its  limits  can  be  neither  diminished  nor  modified  without  the  assent 
of  the. Grand  National  Skupshtina.*    But  in  what  concerns  the  rec- 

1  French  translation  in  the  British  and  Foreign  State  Papers,  94 :  pp.  199-217.  Ger4 
man  translation  in  Paul  Posener,  Die  Staatsverfassungen  des  Erdballs  (CharlottenburgJ 
1909).  pp.  863-879. 

2  These  introductory  paragraphs  are  based  upon  F.  R.  Daeeste  et  P.  Dareste^  Lea 
Constitutions  modemes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  257-259. 

8  This  Constitution  is  based  on  the  Constitution  of  22  December  1888/3  January  1889 
and  is  like  it  except  as  indicated  in  the  footnotes.  Translated  by  Otis  G.  Stanton  from 
the  French  translation  of  the  Constitution  of  1888  in  the  British  and  Foreign  State 
Papers,  81 :  pp.  508-540,  and  fi'om  the  French  translation  of  the  modifications  of  1903  In 
the  British  and  Foreign  State  Papers,  108  :  pp.  566-574,  See  also  the  Annuaire  de  legis- 
lation etrangdre,  18  (1888)  :  p.  838,  and  33  (1903)  :  p.  601.  French  translation  of  the 
Constitution  of  1903  also  in  Dareste,  op.  (At.,  pp.  259-293. 

*  The  name  of  the  National  Assembly. 


SERBIA.  555 

tifications  of  frontiers  of  the  territories  not  populated  and  of  little 
importance,  the  assent  of  the  Ordinary  National  Skupshtina  is  suffi- 
cient. 

Art.  5.^  The  Kingdom  of  Serbia  is  divided  into  departments  \ 
{okintg)^  the  departments  into  arondissements  {srez)  and  the  latter  / 
into  communes  (opshtina). 

Part  II. — The  Constitutional  Rights  of  Serbian  Citizens,  i^'^ 

Art.  6.  The  present  Constitution  and  the  laws  determine  the  modes 
of  acquisition  of  and  of  retirement  from  the  character  of  Serbian 
citizen,  the  rights  which  are  attached  to  this  quality  and  the  causes 
which  provoke  its  loss. 
-    Art.  T.  All  Serbians  are  equal  before  the  law. 

Art.  8.  It  is  forbidden  to  grant  titles  of  nobility  to  Serbian  citi- 
zens or  to  recognize  them. 

Art.  9.  Individual  liberty  is  guaranteed  by  the  present  Constitu- 
tion. 

No  one  may  be  subjected  to  an  examination  [by  the  public  author- 
ity] except  in  cases  provided  by  the  law  and  in  the  forms  prescribed 
by  it. 

No  one  may  be  placed  in  a  state  of  arrest,  nor  be  deprived  in  any 
other  manner  of  his  liberty,  except  by  virtue  of  a  written  warrant 
with  reasons  therefor  from  the  examining  magistrate.  This  warrant 
must  be  communicated  to  the  person  arrested  at  the  very  moment  of 
arrest.  Only  culprits  surprised  in  flagrante  delicto  may  be  arrested 
without  any  prior  warrant,  but  even  then  a  written  report  shall 
be  drawn  up  and  shall  be  communicated  to  them  within  24  hours 
from  the  moment  of  arrest. 

The  person  arrested  has  the  right  to  lodge  a  complaint  before  the 
tribunal  of  first  instance  against  the  warrant  concerning  his  arrest. 
If  he  does  not  make  use  of  this  right  within  three  days  from  the 
communication  of  the  warrant  to  bring  him  in  or  the  report  of 
the  arrest,  the  examining  magistrate  shall  be  obliged  to  transmit 
officially  the  papers  in  the  case  to  the  competent  tribunal  within  the 
24  hours  following  the  expiration  of  the  first  period.  The  tribunal  is 
then  required  to  pronounce  the  maintenance  or  the  annulling  of  the 
arrest  within  a  new  period  of  24  hours.  The  decisions  of  the  tribunal 
on  these  questions  are  immediately  executory. 

Agents  of  the  public  authority  Avho  shall  have  infringed  these  pro- 
visions shall  be  punished  for  illegal  attempt  on  liberty. 

The  law  shall  determine  the  circumstances  in  which  the  tribunals 
shall  be  required  to  set  the  person  arrested  at  temporary  liberty  with 
or  without  personal  or  pecuniary  bail.^ 

lAs  amended,  5/18  June  1903. 

2  A  law  of  31  Jannary/13  February  1905  on  public  safety  conferred  on  the  Minister 
of  the  Intorior  exceptional  powers  to  repress  brigandage  ;  see  the  Annuaire  de  legislation 
etrang^re,  36  (1906)  :  p.  548. 


556  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

Art.  10.  No  one  can  be  tried  by  an  incompetent  tribunal. 
Art.  11.  No  one  can  be  tried  without  being  previously  examined 
by  the  competent  authority,  or  invited  in  the  legal  way  to  defend 

himself. 

Art.  12.  Penalties  can  not  be  established  except  by  law,  nor 
applied  except  to  subsequent  acts  formally  provided  for  by  law. 

Art.  13.  The  penalty  of  death  is  abolished  in  the  matters  of  crimes 
purely  political. 

It  is  maintained  for  cases  of  accomplished  or  attempted  attack 
against  the  person  of  the  King  or  of  the  members  of  the  Koyal  House, 
cases  to  which  the  Penal  Code  applies  this  penalty. 

It  is  likewise  maintained  in  the  matter  of  mixed  crimes,  conform- 
ably to  the  provisions  of  the  Penal  Code,  as  well  as  for  the  cases  pro- 
vided for  by  the  military  laws. 

Art.  14.  Serbian  citizens  can  not  be  expelled  from  Serbia.  Also 
residence  in  a  locality  can  not  be  forbidden  to  them,  nor  can  they 
be  obliged  to  settle  in  a  determined  place  except  in  cases  expressly 
provided  for  by  law. 

Art.  15.  Private  domicile  is  inviolable. 

The  public  authority  can  not  proceed  to  any  domiciliary  visit  ex- 
cept in  the  cases  provided  for  by  law  and  following  the  forms  pre- 
scribed by  it. 

Before  the  domicilary  visit,  the  competent  authority  is  required  to 
communicate  to  the  interested  party  the  written  order  from  the 
examining  magistrate  authorizing  this  measure.  The  interested 
party  may  attack  this  order  before  the  tribunal  of  first  instance,  with- 
out being  able,  however,  to  suspend  in  this  way  the  execution  of  the 
visit.  The  visit  can  be  effected  only  in  the  presence  of  two  Serbian 
citizens. 

After  the  domiciliary  visit  has  been  made,  the  authority  is  required 
to  send  to  the  interested  party  a  certificate  stating  the  result  obtained 
and  a  signed  report  enumerating  the  objects  seized  in  view  of  the 
pursuit  of  the  inquiry.^ 

Art.  16.  Property  of  every  kind  is  inviolable. 

No  one  can  be  constrained  to  yield  his  goods  to  the  State  or  to 
other  public  moral  persons,  nor  to  undergo  any  restriction  in  their 
favor,  except  in  cases  established  by  law  and  in  consideration  of  a 
legal  indemnity. 

Art.  17.  The  penalty  of  general  confiscation  of  property  is  for- 
bidden. 

However,  objects  arising  from  a  fraudulent  source  or  objects  hav- 
ing served  or  destined  to  serve  in  the  accomplishment  of  a  crime 
can  be  confiscated. 

1  The  following  paragraph  was  omitted,  5/18  June  1903  :  "  In  no  case  can  the  domi- 
ciliary visit  take  place  at  night." 


I 


SERBIA.  557 

Art.  18.  Liberty  of  conscience  is  absolute. 

All  recognized  cults  are  free  and  placed  under  the  protection  of 
the  law,  so  far  as  their  celebration  does  not  infringe  upon  the  public 
order  or  morals. 

Art.  19.  Every  act  which  can  infringe  upon  the  State  religion 
[proselytism]  is  forbidden. 

Art.  20.  Serbian  citizens  can  not  take  advantage  of  religious  pre- 
cepts with  a  view  to  avoid  the  fulfilment  of  their  duties  as  citizens 
and  soldiers. 

Art.  21.  Education  is  free  in  so  far  as  it  is  not  contrary  to  public 
order  and  morals. 

Primary  instruction  is  obligatory.  It  is  gratuitous  in  the  public 
primary  schools. 

Art.  22.  Every  Serbian  has  the  right  freely  to  express  his  thought 
by  word,  in  writing,  by  way  of  the  press  or  by  images,  while  con- 
forming to  the  prescriptions  of  the  law.^ 

The  press  is  free. 

Censorship,  as  well  as  every  other  preventive  measure  intended  to 
shackle  the  publication,  sale  or  distribution  of  journals  and  other 
writings,  is  forbidden. 

The  publication  of  journals  is  not  subjected  to  any  prior  authori- 
*^  zation. 

No  bond  shall  be  exacted  of  the  author,  the  editor-in-chief,  the 
publisher  or  the  printer. 

The  seizure  of  journals  and  other  printed  matter  is  authorized  only 
in  cases  where  they  shall  contain  outrages  towards  the  King  or  the 
Koyal  House,  or  towards  foreign  sovereigns  and  their  houses,  as  well 
as  in  cases  where  incitement  to  rebellion  is  found  therein.  In  all 
these  cases,  the  authorities  are  required  to  bring  the  affair  before  the 
tribunal  within  24  hours  after  the  seizure  has  been  made  and  the 
latter  is  required  to  pronounce  within  a  like  period  the  confirmation 
or  the  abandoning  of  the  seizure.  In  the  contrary  case,  the  seizure 
is,  at  the  expiration  of  this  last  period  of  24  hours,  abandoned  ipso 
facto. 

It  is  forbidden  to  address  administrative  warnings  to  printed 
publications. 

Journals  are  required  to  have  a  responsible  editor,  enjoying  his 
civil  and  policital  rights. 

The  author  is  responsible  in  the  first  place.  If  the  author  is  un- 
known, or  if  he  does  no^  live  in  Serbia,  or  if  he  is  irresponsible,  the 
responsibility  falls  on  the  editor,  the  printer  or  the  distributor. 

Art.  23.  The  privacy  of  letters  and  of  telegraphic  despatches  is  in- 
violable, except  in  time  of  war  and  in  the  case  of  criminal  inquiry. 

^  Law  of  12/25  January  1004  on  the  press,  modified  by  the  law  of  9/22  December  1904. 


558  CONSTITUTIONS   OF  THE  STATES  AT  WAR. 

A  law  shall  determine  what  government  agents  are  responsible 
for  the  violation  of  the  privacy  of  letters  and  despatches  entrusted 
to  the  bureaus  of  the  post  and  the  telegraph. 

Art.  24.  Serbians  have  the  right  to  meet  peaceably  and  without 
arms  if  they  conform  to  the  laws.^ 

It  is  not  necessary  to  advise  the  authorities  in  order  to  hold  a 
meeting  in  a  closed  place.  Meetings  in  the  open  air,  which  are  sub- 
ject to  laws  and  special  regulations,  can  not  be  held  unless  the  au- 
thorities be  previously  advised  thereof. 

Art.  25.  Serbians  have  the  right  to  associate  themselves  for  pur- 
poses which  are  not  contrary  to  the  law.^ 

This  right  can  not  be  subjected  to  any  preventive  measure. 

Art.  26.  Every  Serbian  has  the  right  to  address  himself  in  his  ow] 
name  to  the  public  authorities  by  petitions  bearing  one  or  several 
[^signatures.    Petitions  in  the  collective  name  can  emanate  only  froi 
the  constituted  authorities  and  from  civil -persons  [corporations]. 

Art.  27.  Every  Serbian  has  the  right  to  bring  complaint  against! 
the  illegal  actions  of  the  authorities. 

If  the  superior  authority  rejects  the  complaint  as  being  ill- 
founded,  it  is  required,  in  communicating  its  decision  to  the  com-j 
plainant,  to  indicate  the  reasons  therefor. 

Art.  28.  Every  Serbian  has  the  right  to  enter  a  judicial  suit,  with- 
out any  previous  authorization,  against  public  functionaries,  mayorsj 
presidents  of  municipal  councils  and  communal  employes  who  hav( 
injured  his  rights  in  the  exercise  of  their  power. 

Special  provisions  are  applicable  in  this  regard  to  ministei 
judges  and  soldiers  with  the  colors  under  the  flag. 

Art.  29.  Serbians  are  free  to  renounce  their  nationality,  after  hav-j 
ing  satisfied  the  military  service  and  fulfilled  all  their  obligations 
well  to  the  State  as  to  individuals. 

Art.  30.  Foreigners  living  in  Serbia  are  placed  under  the  protecj 
tion  of  the  Serbian  laws  as  to  their  persons  and  their  possessions 
But  they  are  compelled  to  pay  imposts  and  other  charges  for  th^ 
benefit  of  the  State  and  of  the  commune,  unless  they  be  exempted  h} 
international  treaties. 

Art.  31.  Extradition  is  forbidden  in  the  matter  of  crimes  purel] 
political. 

Part  III. — Tpie  Powers  or  the  State. 

Art.  32.  All  the  powers  of  the  State  are  exercised  conformably  t( 
the  provisions  of  the  present  Constitution. 

The  Constitution  can  not  be  suspended  either  in  whole  or  in  an] 
of  its  parts. 

^  Law  of  31  March/12  April  1891  on  public  assemblies  and  associations. 


SERBIA.  559 

Art.  33.  The  legislative  power  is  exercised  in  common  by  the  King 
and  by  the  national  representation. 

Art.  34.  The  right  of  initiative  in  legislative  matters  belongs  to 
each  of  the  two  branches  of  the  legislative  power. 

Art.  35.  For  each  law  adhesion  of  the  two  branches  of  the  legis- 
lative power  is  necessary. 

Art.  36.  Laws  do  not  have  retroactive  force  to  the  prejudice  of 
rights  acquired  by  virtue  of  prior  laws. 

Art.  37.  The  interposition  of  the  law  has  an  obligatory  character 
only  if  it  emanates  from  the  legislative  power. 

Art.  38.  The  executive  power  belongs  to  the  King.  The  King 
exercises  this  power  by  the  medium  of  his  responsible  ministers,  con- 
formably to  the  provisions  of  the  present  ConstitutioiTT  

The  ministers  are  named  and  recalled  by  the  King.    - 

Art.  39.  The  judicial  power  is  exercised  by  the  courts  and  tri- 
bunals. Their  decrees  and  sentences  are  rendered  and  executed  in 
the  name  of  the  King  and  by  virtue  of  the  law. 

Part  IV.— The  King. 

Art.  40.  The  King  is  the  head  of  the  State.  He  holds  in  custody 
all  the  rights  which  derive  from  this  supreme  authority,  and  he 
exercises  them  conformably  to  the  provisions  of  the  present  Con- 
stitution. 

The  person  of  the  King  is  inviolable.  The  King  can  not  be  made 
responsible  nor  can  any  accusation  whatever  be  made  against  him. 

Art.  41.  The  King  and  the  members  of  the  Royal  House  must 
belong  to  the  Eastern  Orthodox  Religion. 

Art.  42.  The  King  is  the  protector  of  all  the  cults  recognized  in 
Serbia. 

Art.  43.  The  King  sanctions  and  promulgates  the  laws.  No  law 
has  executory  force  before  having  been  promulgated  by  the  King. 

Ajrt.  44.  The  heir  to  the  throne  and  the  other  members  of  the 
Royal  House  can  not  contract  marriage  without  the  assent  of  the 
King. 

Art.  45.  The  King  names  all  the  functionaries  of  the  State.  It  is 
in  his  name  and  under  his  high  supervision  that  all  the  public  admin- 
istrations exercise  their  authority. 

Art.  46.  The  King  is  commander-in-chief  of  all  the  military  forces 
of  the  country. 

Art.  47.  The  King  confers  the  military  grades,  conforming  to  the 
provisions  of  the  law. 

Art.  48.  The  King  confers  the  orders  and  other  distinctions  estab- 
lished by  the  law. 


560  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

Art.  49.  The  King  has  the  right  to  have  money  coined,  conform- 
ably to  the  law. 

Art.  50.  The  King  has  the  right  of  amnesty. 

Art.  51.  The  King  has  the  right  of  pardon  in  criminal  matters 
He  can  commute  the  penalty  inflicted,  or  reduce  it,  or  remit  it  en- 
tirely. 

The  suspension  of  a  case  in  course  of  examination,  as  well  as  th( 
suspension  of  judgment  (abolition)  among  the  non-political  accused^ 
is  forbidden.^ 

Art.  52.  The  King  represents  the  country  in  all  its  foreign  rela- 
tions. He  declares  war,  makes  treaties  of  peace,  of  alliance  and  oi 
every  other  kind,  communicating  them  to  the  National  Skupshtinj 
as  soon  as  the  interests  of  the  country  permit  it. 

But  treaties  of  commerce,  as  well  as  all  other  treaties  whose  execu- 
tion involves  either  an  expenditure  at  the  expense  of  the  public 
treasury  or  a  modification  of  existing  laws,  and  also  treaties  whicl 
would  attack  the  public  or  private  rights  of  Serbian  citizens,  have 
no  value  without  the  assent  of  the  National  Skupshtina. 

Art.  53.  The  King  resides  in  the  country  permanently.  If  h( 
absents  himself  for  some  time  from  the  Serbian  territory,  he  is  re 
placed  of  right,  in  the  exercise  of  the  royal  powers,  by  the  heir  to  th< 
throne,  if  the  latter  is  of  age.  If  the  heir  to  the  throne  is  a  minor  or' 
if  he  is  prevented  from  replacing  the  King,  the  Council  of  Ministers 
shall  exercise  the  royal  power  according  to  instructions  which  the 
King  gives  it  within  the  limits  of  the  Constitution. 

Art.  54.  The  King  convokes  the  National  Skupshtina  in  ordinary 
or  extraordinary  sessions. 

He  opens  and  closes  the  sessions  of  the  National  Skupshtina  per- 
isonally,  by  a  discourse  from  the  throne,  or  by  message  or  decree  pre- 
sented by  the  Council  of  Ministers.  The  discourse  from  the  throne, 
the  message  and  the  decree  must  be  countersigned  by  all  the  min- 
isters. 

He  has  the  right  to  prorogue  the  session  of  the  National  Skupsh- 
tina. But  this  prorogation  can  not  be  extended  to  a  duration  of 
more  than  two  months,  nor  be  renewed  in  the  same  session  without 
the  consent  of  the  Skupshtina  itself. 

He  has  the  right  to  dissolve  the  National  Skupshtina,  but  the  act 
of  dissolution  must  at  the  same  time  order  new  elections  to  be  held 
within  two  months  at  the  latest,  as  well  as  the  convocation  of  the 
new  Slnipshtina  within  a  period  of  three  months.  The  decree  of 
dissolution  of  the  Skupshtina  must  be  countersigned  by  all  the  min- 
isters. 

Art.  55.  The  King  can  not  be  at  the  same  time  the  head  of  another 
State  without  the  adhesion  of  the  Grand  National  Skupshtina. 

1  This  paragraph  was  added,  5/18  June  1903, 


SERBIA.  561 

Art.  56.  No  royal  act  referring  to  affairs  of  the  State  has  force 
of  application,  nor  can  it  be  executed,  if  it  is  not  countersigned  by 
the  competent  minister,  who  assumes  responsibility  for  it  by  the 
apposition  of  his  signature. 

Art.  57.  In  Serbia,  King  Peter  I,  of  the  dynasty  of  Karageorge- 
vitch,  reigns.^ 

The  King  is  succeeded  by  his  male  descendants  issued  from  legiti- 
mate marriage,  in  the  order  of  primogeniture.  If  the  King  leaves 
after  him  no  male  descendant,  the  succession  to  the  throne  comes 
back  to  the  consanguineous  line  in  the  same  order  of  primogeniture. 

Art.  58.  The  King  and  the  heir  to  the  throne  attain  majority  at 
the  age  of  18  years. 

Art.  59.  In  case  of  the  death  of  the  King,  the  heir  to  the  throne, 
if  he  is  of  age,  immediately  takes  the  power  as  constitutional  King. 
The  King  announces  his  accession  to  the  country  by  a  proclamation. 

He  then  convokes  the  National  Skupshtina  in  the  10  days  after 
notification  of  the  death  of  the  deceased  King,  in  order  to  take  before 
it  the  oath  prescribed  by  the  Constitution. 

If  the  Skupshtina  has  been  dissolved  and  the  new  elections  have 
not  yet  been  held,  the  dissolved  Skupshtina  is  convoked  to  receive 
the  oath  of  the  King. 

These  provisions  equally  apply  in  the  case  where  the  King  in  his 
lifetime  remits  the  throne  to  his  heir. 

Art.  60.  On  taking  the  exercise  of  the  royal  power,  the  King 
takes  before  the  National  Skupshtina  the  following  oath : 

I  [name],  in  taking  the  exercise  of  the  royal  power,  swear  by  the  Almighty 
God  and  by  all  that  is  dearest  and  most  sacred  to  me  in  this  world  that  I  shall 
watch  over  the  preservation  of  the  independence  of  Serbia  and  the  integrity 
of  its  territory,  that  I  shall  maintain  intact  the  national  Constitution,  that  I 
shall  govern  according  to  it  and  conformably  to  the  laws,  and  that  in  all  my 
desires  and  all  my  acts  I  shall  have  in  view  the  welfare  of  the  nation.  In 
pronouncing  this  oath  solemnly  before  God  and  before  the  nation,  I  take  to  wit- 
ness the  Lord  God,  to  whom  I  shall  render  account  at  the  Last  Judgment.  So 
may  the  Lord  God  aid  me  therein  !    Amen ! 

Art.  61.  If,  at  the  death  of  the  King,  the  heir  to  the  throne  is  a 
minor,  the  royal  power  delimited  by  the  Constitution  shall  be  exer- 
cised until  his  majority  by  a  Council  of  Regency  composed  of  three 
persons. 

Art.  62.  The  regents  are  named  by  the  National  Skupshtina,  spe- 
cially convoked  for  this  purpose,  from  among  six  persons  whom  the 
deceased  King  shall  have  designated  in  his  testament  as  candidates 
for  the  regency. 

This  testament  shall  be  entirely  written  and  signed  by  the  hand 
of  the  King.    It  shall  not  be  countersigned  by  the  ministers.    On  the 

1  This  paragraph  inserted  in  place  of  three  omitted  paragraphs  (concerning  King 
Milan  I,  fourth  of  the  dynasty  of  Obrenovitch),  5/18  June  1903. 


562  CONSTITUTIONS   OF   THE  STATES  AT  WAK. 

back  all  the  members  of  the  Council  of  Ministers  must  sign  as  wit- 
nesses. 

This  testament  shall  be  drawn  up  in  three  copies,  each  of  which 
shall  bear  the  royal  seal.  One  shall  be  placed  as  deposit  with  the 
Council  of  State,  another  with  the  Court  of  Cassation  and  the  third 
with  the  Guard  of  the  Seals. 

Art.  63.  If  the  King  has  not  designated  by  testament  the  candi- 
dates for  the  regency,  the  Grand  National  Skupshtina  shall  be  con- 
voked in  order  to  proceed  to  the  election  of  the  members  of  the 
Council  of  Eegency.  The  Grand  National  Skupshtina  shall  then  be 
convoked  one  month  at  the  latest  after  the  death  of  the  King. 

Art.  64.  The  regency  can  be  entrusted  only  to  citizens  Serbian  by 
birth,  belonging  to  the  Eastern  Orthodox  Eeligion,  enjoying  all  their 
civil  and  political  rights,  aged  40  years,  and  exercising  or  having 
exercised  the  functions  of  minister,  counsellor  of  State,  general  or 
minister  plenipotentiary  accredited  to  a  foreign  government. 

Art.  65.  The  election  of  the  regents  always  takes  place  by  secret 
ballot. 

Art.  66.  The  civil  list  is  fixed  by  law  and  can  not  be  augmented 
without  the  consent  of  the  Skupshtina  nor  diminished  without  the 
consent  of  the  King. 

Each  regent  shall  receive,  during  the  continuance  of  his  functions, 
60,000  francs  per  annum,  deducted  previously  from  the  civil  list. 

Art.  67.  Before  taking  in  hand  the  exercise  of  the  royal  authority, 
the  regents  shall  take,  before  the  Skupshtina  which  shall  have  elected 
them,  the  oath  to  remain  faithful  to  the  King  and  to  govern  con- 
formably to  the  Constitution  and  to  the  laws  of  the  country.  They 
shall  then  inform  the  country  by  a  proclamation  that  they  have  taken 
in  hand,  in  the  name  of  the  King,  the  royal  power. 

Art.  68.  The  Constitution  can  not  be  modified  during  the  mine] 
ity  of  the  King. , 

Art.  69.  If  the  King  is  prevented  from  exercising  the  royal  power 
the  heir  to  the  throne,  if  he  is  of  age,  shall  reign  in  his  name. 
If  the  heir  to  the  throne  is  a  minor,  the  King  shall  have  the  right  to 
name  a  provisional  regency. 

Art.  70.  If  the  King  transfers  the  power  during  his  lifetime  t 
his  minor  heir,  he  has  the  right  to  name  at  the  same  time  the  three 
regents.    For  the  regents  thus  named  all  the  provisions  of  the  present 
Constitution  concerning  the  regents  elected  by  the  National  Simps 
tina  are  valid. 

Art.  71.  If  a  member  of  the  Council  of  Regency  dies,  or  if  he  is 
attacked  by  a  malady  which,  in  the  opinion  of  three  physicians  desig- 
nated by  the  Council  of  State  on  the  request  of  the  two  other  regents 
and  in  accord  with  them,  renders  him  incapable  of  fulfilling  his  func- 
tions, or,  finally,  if  he  gives  in  his  resignation,  the  other  two  regents 


I 


I 


SERBIA.  563 

shaH  have  power  alone  over  the  affairs  of  the  State,  until  the  meeting 
of  the  National  Skupshtina,  which  shall  proceed  to  the  election  of  the 
third  regent. 

If  one  of  the  three  regents  finds  himself  in  the  urgent  necessity  of 
absenting  himself  temporarily  from  the  country,  the  two  others 
shall  administer  alone  the  affairs  of  the  State  during  his  absence. 
But  in  this  case,  the  one  who  is  absent  is  obliged  to  leave  with  his 
colleagues  a  written  declaration  that  he  adheres  to  all  that  these 
latter  shall  do  within  the  limits  of  their  constitutional  powers. 

In  all  the  preceding  cases,  the  reasons  why  two  only  of  the  regents 
exercise  the  royal  authority  must  be  immediately  made  known. 

Art.  72.  The  regents  shall  provide  for  the  education  of  the  minor 
•King.i 

The  management  of  the  property  belonging  to  the  minor  King  is 
entrusted  to  the  guardians  whom  the  deceased  King  shall  have  desig- 
nated in  his  testament,  or,  if  the  testament  of  the  King  says  nothing 
on  this  subject,  by  the  guardians  whom  the  regents  shall  appoint  in 
agreement  with  the  Council  of  State. 

Art.  73.  If  the  King  dies  without  masculine  descent,  but  at  the 
moment  of  his  death  the  Queen  is  pregnant,  the  royal  power  shall  be 
exercised  until  the  delivery  of  the  Queen,  by  right  of  provisional 
regency,  by  the  President  of  the  Council  of  State,  the  President  of 
the  Court  of  Cassation  and  the  Minister  of  Justice. 

Art.  74.  In  every  case  where,  conformably  to  the  provisions  of  the 
present  Constitution,  there  is  occasion  to  proceed  to  the  election  of 
the  regency,  the  Council  of  Ministers  shall  exercise  provisionally, 
imder  its  responsibility,  the  constitutional  power  of  the  King. 

The  Council  of  Ministers  shall  inform  the  country,  by  a  proclama- 
tion, of  the  fact  and  the  cause  of  their  assumption  of  the  royal  power. 

Art.  75.  In  the  case  where  the  throne,  by  virtue  of  the  present 
Constitution,  remains  without  heir,  the  Council  of  Ministers  shall 
take  in  hand  the  royal  power. 

It  must  then,  within  a  period  of  one  month  from  the  death  of  the 
King,  convoke  the  Grand  National  Skupshtina  which  shall  deter- 

Sine  the  question  of  the  throne. 
K  Part  V. — The  National  Eepresentation. 

Art.  76.  The  National  Skupshtina  is  the  representative  body  of  the 
country. 

The  National  Slaipshtina  is  Ordinary  or  Grand.^ 
Art.  77.  The  National  Skupshtina  is  composed  of  deputies  freely 
elected  by  the  people  conformably  to  the  provisions  of  the  present 
Constitution. 

J- The  rest  of  this  paragraph  was  omitted,  5/18  June  1903. 

2  The  Constitution  of  1901  had  abolished  the  Grand  Slsupshtina ;  the  Constitution  of 
/l903  reestablishes  it. 


564  CONSTITUTIONS  OF  THE   STATES  AT  WAR. 

Art.  78.  The  elections  of  the  national  deputies  are  direct.     T 
vote  is  secret  and  is  made  by  means  of  ballot-balls. 

Art.  79.  Each  department  chooses  a  number  of  deputies  propor 
tional  to  the  number  of  its  tax-payers  at  the  rate  of  one  deputy  pe; 
4,500  tax-payers.    If  the  number  of  tax-payers  in  excess  passes  t 
figures  of  3,000,  there  shall  be  elected  an  additional  deputy. 

In  this  number  are  included  the  deputies  for  whom  Article  99 
the  Constitution  demands  special  conditions. 

Art.  80.  The  number  of  tax-payers  of  each  department,  as  well  as 
the  number  of  deputies  which  the  different  departments  shall  have 
to  elect,  are  determined,  conformably  to  the  provisions  of  the  present 
Constitution,  prior  to  each  general  election,  by  a  commission  com- 
posed of  the  president  of  the  Council  of  State,  of  the  president  and 
the  two  vice-presidents  of  the  last  Skupshtina  and  of  the  preside 
of  the  Court  .of  Cassation. 

Art.  81.  The  city  of  Belgrade  elects  4  deputies ;  the  cities  of  Nisi 
and  Kragujevatz,  2  each;  and  the  cities  of  Alexinatz,Valjevo,Vranj 
Gomje  Milanovatz,  Zajeshar,  Jagodina,  Knjashevatz,  Krushewat 
Loznitza,  Leskovatz,  Negotin,  Paratjin,  Pirot,  Posharevatz,  Pr 
kuplje,  Svilajnatz,  Smederevo,  Tjuprija,  Ushitze,  Tshatshak  am 
Shabatz,  1  each. 

Art.  82.^  Each  national  deputy  represents  the  entire  nation  and 
not  merely  his  electors. 

Art.  83.  The  electors  can  not  give  nor  the  deputies  accept  an  i 
perative  mandate. 

Art.  84.  All  Serbian  citizens,  by  birth  or  naturalization,  who  ha 
completed  21  years  and  who  pay  to  the  State  at  least  15  francs  of 
direct  tax  per  annum  including  the  additional  centimes  due  to  the 
State ,^  are  electors. 

The  members  of  family  associations  {zadrugari)  who  are  21  years 
old  have  the  right  to  vote,  whatever  may  be  the  total  of  the  direct 
taxes  which  they  pay  to  the  State. ^ 

Art.  85.  Every  elector  has  the  right  to  vote  in  one  place  only,  and 
that  in  the  electoral  district  where  he  is  enrolled. 

Art.  86.  Officers,  in  active  service  or  retired,  and  soldiers  w 
are  with  the  colors  can  not  vote. 

Art.  87.  The  following  are  deprived  temporarily  of  the  electoral 
right : 

1.  Those  condemned  to  penal  servitude,  until  their  restoration 
to  the  rights  of  citizens.  fl 

^  Article  82  of  the  Constitution  of  1888  was  omitted  and  the  numbering  of  all  the  suc- 
ceeding articles  was  decreased  hy  one,  5/18  June  1903.  This  change  necessitated  the 
amendment  of  the  number  of  the^  articles  wherever  reference  was  made  to  them. 

^  "  Including  the  additional  centimes  due  to  the  State  "  was  added,  5/18  June  1903 

»  The  third  paragraph  was  omitted,  5/18  June  1903. 


inn 
av? 


lid 

1 


SERBIA.  565 

2.  Those  who  are  condemned  on  account  of  crime  to  the  loss  of 
civic  honor,  during  the  continuance  of  that  penalty. 

3.  Those  who  are  in  preventive  detention  or  in  a  state  of  incar- 
ceration on  account  of  crimes  and  offenses  provided  by  Sections  1 
and  2  of  the  present  article.  • 

4.  Those  who  are  condemned  for  having  abused  their  authority 
or  for  having  had  recourse  to  threat  or  corruption,  in  order  to  be 
elected  or  to  cause  another  to  be  elected,  as  well  as  all  those  who  are 
condemned  for  having  trafficked  in  their  vote.  The  continuation  of 
this  loss  of  the  electoral  right  shall  be  fixed  by  the  judgment  pro- 
nouncing the  condemnation. 

5.  Those  who  are  declared  bankrupt. 

6.  Those  who  are  placed  under  guardianship  or  provided  with  a 
judicial  counsel. 

7.  Those  who  have,  without  the  authorization  of  the  Serbian  gov- 
ernment, entered  the  service  of  a  foreign  Power. 

8.  Those  who  have  been  condemned  for  having  refused,  as  ad- 
herents of  a  cult  not  recognized,  to  satisfy  their  obligations  as  citizens 
and  soldiers. 

Art.  88.  All  the  electors  of  a  department  constitute  a  single  elec- 
toral body,  and  vote,  not  for  isolated  candidates,  but  for  a  complete 
list  of  candidates.  In  cities  having  to  elect  more  than  one  deputy,  the 
voting  is  done  in  the  same  manner. 

Art.  89.  In  each  department  the  vote  is  cast  at  one  time  at  several 
points  designated  by  the  law.  The  cities  can  also,  in  case  of  necessity, 
be  divided  into  several  voting  sections. 

Art.  90.^  In  each  place  where  the  vote  is  to  be  cast,  there  shall 
be  constituted  an  electoral  bureau  composed  of  a  municipal  councilor 
liesignated  by  the  council  of  that  commune,  of  a  representative  of 
3ach  list  of  candidates,  and  of  a  person  who  has  satisfied  the  require- 
ments of  a  faculty  or,  in  default  of  that,  a  professional  school. 

Art.  91.  In  each  chief  town  of  the  department,  as  well  as  in  the 
cities  which  have  to  name  more  than  one  deputy,  there  shall  be 
formed  a  central  electoral  bureau,  which  collects  all  the  votes,  counts 
ohem,  proclaims  the  result  of  the  ballot  and  delivers  the  mandate  of 
the  deputy. 

The  president  of  this  bureau  shall  be  a  councilor  of  State,  or 
I  counsellor  of  the  Court  of  Cassation,  designated  by  the  drawing 
)f  lots;  its  members  shall  be^  the  president  of  the  local  municipal 
council,  a  counsellor  of  the  Court  of  Appeal  or  a  president  of  tribu- 
lal  of  first  instance,  and  two  representatives  from  each  list  of  candi- 
iates. 

lAs  amended,  5/18  June  1903. 

•  The  phrase  "  a  member  of  the  permanent  commission  of  the  okrug "   was  omitted* 
■)/18  June  1903. 


566  CONSTITUTIONS  OF  THE   STATES  AT  WAR. 

Art.  92.  In  each  department,  100  electors,  and  in  each  city  electing 
more  than  one  deputy,  50  electors  shall  have  the  right  to  establish  a 
list  of  candidates.  Each  list  must  carry  as  many  candidates  as  there  are 
deputies  to  be  named  in  the  department  or  city  interested.  The  list 
sliall  carry  the  name  of  the  candidate  written  at  the  head.  Each 
list  shall  have  its  special  urn  in  every  place  where  the  voting  is  held. 

The  total  number  of  the  electors  who  have  voted  divided  by  the 
number  of  deputies  whom  the  electoral  body  interested  must  choose 
gives  the  electoral  quotient,  according  to  which  the  number  of  the 
candidates  elect  to  be  taken  from  each  list  is  determined.  Each 
list  receives  as  many  seats  as  it  collects  times  the  electoral  quotient. 

The  quotient  shall  be  awarded  first  to  the  candidate  inscribed  at 
the  head  of  the  list  and  then  to  the  other  candidates  following?-  the 
order  of  inscription  until  the  number  of  votes  obtained  by  this  list 
is  exhausted. 

If  a  list  of  the  candidates  does  not  obtain  the  electoral  quotient, 
then  the  votes  of  this  list  are  attributed  to  the  list  which  has  obtained 
the  greatest  number  of  votes.^ 

If  there  remain  seats  of  deputies  for  which  no  list  has  col- 
lected a  number  of  votes  equal  to  the  quotient,  these  seats  shall  be 
divided  among  the  lists,  disposing  according  to  the  figure  nearest 
to  the  quotient  to  the  one  which  does  not  obtain  the  complete  number 
of  deputies.  In  case  of  tie  votes  between  two  or  more  lists,  lot  de- 
cides to  which  list  the  seat  in  consideration  shall  be  given. 

Art.  93.  In  the  cities  which  have  to  elect  a  single  deputy, ^  tfl 
which  Article  81  of  the  present  Constitution  grants  the  special  elec^ 
tion  right,  the  candidate  must  be  considered  elected  who  collects  the 
absolute  majority  of  the  votes. 

If  no  one  has  obtained  the  absolute  majority,  they  shall  procee 
to  a  new  election.  In  this  new  election  the  relative  majority  suffici 
and  in  case  of  a  tie  vote  lot  shall  decide. 

The  electoral  bureau  delivering  the  deputy  mandate  is  compos 
of  a  judge  of  the  tribunal  of  first  instance  of  the  locality  or  of  t' 
place  nearest  designated  by  lot,  of  the  mayor  and  of  a  delegate 
each  candidate  in  consideration. 

Art.  94.  Whoever  does  not  have  the  right  to  vote  can  not  bi 
elected  deputy. 

Art.  95.  To  be  named  deputy  to  the  National  Skupshtina  it 
necessary,  independently'  of  the  conditions  required  for  the  right  o; 
elector,  to  combine  the  following  conditions : 

1.  To  be  Serbian  by  birth,  or  if  one  has  obtained  the  Serbian 
character  by  naturalization,  to  be  established  in  Serbia  for  five  years. 

2.  To  enjoy  all  his  civil  and  political  rights. 

1  This  paragraph  was  added,  5/18  June  1903.  See  the  Annuaire  de  Ugislaiion  6trang^re, 
33  (1903)  :  p.  G02. 

2  The  phrase  "  as  well  as  in  the  communes  "  was  omitted,  5/18  June  1903. 


SERBIA.  567 

3.  To  reside  permanently  in  Serbia  except  when  the  sojourn 
abroad  is  imposed  by  a  public  function. 

4.  To  be  30  years  of  age. 

5.  To  pay  the  State  at  least  30  francs  direct  taxes  per  annum. 
Art.  96.  Functionaries  belonging  to  the  police  service  can  not  be 

elected  deputies. 

Art.  97.  Deputies,  who  are  not  officials  of  the  State  at  the  moment 
of  their  election  and  who  shall  have  entered  the  service  of  the  State 
during  their  legislative  mandate,  ipso  facto  lose  their  character  of 
deputies.  They  can  nevertheless  be  reelected  conformably  to  Ar- 
ticle 98. 

The  provision  does  not  apply  to  ministers,  who  remain  deputies 
without  having  to  submit  to  a  reelection. 

Art.  98.  The  functionaries  and  all  other  agents  in  the  service  of 
the  State  as  well  as  the  mayors  of  communes,^  elected  deputies  and 
accepting  the  legislative  mandate,  by  that  very  fact  lose  their  func- 
tions or  employment.  However,  the  following  functionaries  may 
keep  their  offices  while  accepting  the  legislative  mandate: 

1.  Ministers  in  active  service  or  unattached. 

2.  Councilors  of  State. 

3.  Envoys    extraordinary    and    ministers    plenipotentiary    ac- 
credited to  a  foreign  court  and  diplomatic  agents.^ 

4.  Presidents  and  members  of  the  courts  and  of  the  tribunals 
of  first  instance. 

5.  Professors  of  the  University,  of  professional  schools  and  in 
secondary  education. 

6.  Engineers  and  physicians  in  the  service  of  the  State. 

7.  Officers  in  retirement  or  unattached. 

Art.  99.  On  the  list  of  the  candidates  of  each  electoral  depart- 
ment ^  should  be  found  at  least  two  persons  who,  independently  of 
the  general  conditions  to  which  is  subordinated  the  right  to  be 
elected  deputy,  should  fulfill  the  particular  condition  which  follows : 

To  have  finished,  either  in  Serbia  or  abroad,  the  course  of  some 
faculty,  or  of  a  superior  professional  school,  placed  in  the  same 
V2^  as  the  university  faculties. 

Art.  100.*  The  deputies  to  the  Ordinary  National  Skupshtina 
designated  at  the  general  elections  are  elected  for  a  term  of  four 
years.  For  each  quadrennial  period  of  the  National  Skupshtina, 
the  elections  shall  take  place  on  8  September  [old  style]. 

1  •*  As  well  as  the  mayors  of  communes  "  was  Inserted,  5/18  June  1903. 

»  "  Consuls  general  "  was  omitted,  5/18  June  1903. 

»The  opening  words  of  this  article  were  slightly  amended  and  all  of  the  article  after 
Paragraph  2  was  omitted,  5/18  June  1903. 

*  As  amended,  5/18  June  1903  ;  the  term  of  the  legislature  was  fixed  at  4  years  in- 
stead of  3  years,  the  period  was  consequently  made  quadrennial,  and  the  election  day 
was  set  for  8  September  Instead  of  14  September,  both  old  style. 


568  CONSTITUTIONS  OF  THE  STATES  AT  WAK. 

If  the  general  elections  take  place  following  a  dissolution  of  the 
National  Skupshtina,  the  four  years  of  the  legislative  period  shall  be- 
gin to  run  only  from  the  month  of  September  following.  Before  the 
beginning  of  that  period,  the  Skupshtina  can  be' convoked  in  extra- 
ordinary session. 

The  deputies  designated  at  the  complementary  elections  obtain 
their  mandates  only  to  the  expiration  of  the  legislative  period  dur- 
ing which  they  have  been  elected.  The  complementary  elections 
must  take  place  at  the  latest  a  month  after  the  seat  of  the  deputy 
shall  become  vacant. 

Art.  101.1  The  National  Skupshtina  is  convoked  regiilarly  in  the 
capital  on  1  October  [old  style]  of  each  year. 

Only  in  case  of  war  can  the  Skupshtina  be  convened  outside  of 
the  capital. 

The  closing  of  an  ordinary  session  can  not  be  pronounced  before 
the  Skupshtina  votes  on  the  budget. 

Art.  102.  The  King  can  also  convoke  the  National  Skupshtina 
in  extraordinary  session. 

Art.  103.  The  National  Skupshtina  alone  is  called  upon  to  ex- 
amine the  powers  of  its  members  and  to  pronounce  on  their  validity, 
as  well  as  on  the  eventual  contests  raised  on  this  subject. 

No  one  can  prevent  a  deputy  to  whom  the  competent  electoral 
bureau  (Articles  91  and  93  of  the  present  Constitution)  has  de- 
livered a  mandate  from  entering  the  Skupshtina.  Only  the  Skup- 
shtina shall  have  to  decide  if  the  election  is  valid  or  not. 

Art.  104.  In  the  first  meeting  held  under  the  presidency  of  the 
oldest  member,  the  Skupshtina  shall  be  divided  into  sections  by 
drawing  lots.  Each  section  shall  designate  immediately  one  of  its 
members  to  make  part  of  the  commission  for  the  verification  of 
powers. 

Art.  105.  The  National  Skupshtina  chooses  from  its  own  mem- 
bership, for  each  session,  a  president,  two  vice-presidents  and  secre- 
taries. 

Art.  106.  All  the  deputies,  after  their  validation  by  the  Skupshtina, 
pronounce  the  following  oath : 

I  [name]  swear,  by  the  one  and  only  God,  by  what  the  law  has  most  sacred 
for  me  and  by  what  is  dearest  to  me  in  this  world,  to  observe  faithfully  th« 
Constitution,  and  to  have,  in  the  accomplishment  of  my  mission  as  deputy, 
constantly  in  view,  while  consecrating  thereto  all  the  forces  of  my  soul  and 
of  my  intelligence,  the  common  good  of  the  King  and  of  the  nation.  May  Go( 
be  to  me  a  help  in  this  world  and  in  the  other ! 

Art.  107.  The  Skupshtina  responds  to  the  discourse  from  th( 
throne  by  an  address. 

1  As  amended,  5/18  June  1903. 


SERBIA.  569 

Art.  108.  The  meetings  of  the  National  Skupshtina  are  public, 
but  closed  doors  may  be  proclaimed  when  the  president  of  the 
Skupshtina,  the  government  or  10  deputies  request  it. 

.  If  the  closed  door  is  requested  by  the  president  of  the  Skupshtina 
or  by  10  deputies,  the  Skupshtina  can  decide  on  the  question  whether 
the  sitting  shall  be  maintained  secret  or  not. 

Art.  109.  The  Skupshtina  can  pass  a  resolution  only  if  more 
than  half  of  the  number  of  the  deputies  provided  by  the  Constitu- 
tion are  present. 

A  resolution  of  the  Skupshtina  to  be  valid  must  receive  the  ma- 
jority of  the  votes  of  the  deputies  present. 

In  case  of  a  tie  vote,  the  proposition  which  is  the  subject  of  the 
vote  is  rejected. 

Art.  110.  The  ballot  in  the  Skupshtina  takes  place  by  roll-call, 
by  sitting  or  rising,  or  secretly. 

The  roll-call  takes  place  whenever  it  is  a  question  of  passing  on 
che  bill  as  a  whole,  as  well  as  in  all  cases  where  either  the  govern- 
ment or  20  deputies  demand  it. 

The  bureau  of  the  Skupshtina  is  always  named  by  secret  ballots 

Deputies  can  not  vote  by  proxy. 

Art.  111.  The  Skupshtina  can  not  deliberate  on  bills  before  the 
Council  of  State  has  taken  them  under  examination  and  has  trans- 
mitted to  the  Skupshtina  its  advice  on  the  subject.  Only  the  budget 
and  the  annual  ^  laws  in  immediate  relation  to  the  budget  shall  not 
be  submitted  to  the  previous  examination  of  the  Council  of  State. 

Art.  112.  Every  bill,  including  the  budget,  before  having  been  dis- 
cussed by  the  Skupshtina,  must  be  submitted  to  the  examination  of  a 
special  committee.  This  committee  shall  present  its  report  to  the 
Skupshtina. 

Art.  113.2  'pj^g  Skupshtina  can  not  deliberate  on  any  bill  before  it 
has  been  previously  passed  by  the  competent  committee. 

Art.  114.  A  bill  can  not  be  adopted  as  a  whole,  if  each  of  it& 
articles  has  not  been  previously  approved. 

The  budget  shall  be  studied  in  its  entirety  by  a  single  committee. 

Art.  115.  Each  bill  must  be  submitted  to  t^o  readings  and  to  two 
votes  in  the  same  session  of  the  Skupshtina  before  its  definitive  adop- 
tion. A  period  of  at  least  five  days  must  be  left  between  the  first 
and  the  second  votes. 

Art.  116.  No   law   can   be   promulgated,   abrogated,   modified   or 
interpreted  without  the  adhesion  of  the  National  Skupshtina. 
.   The  rules  *for  the  application  of  the  laws,  as  well  as  the  rules  hav- 
ing their  source  in  the  executive  power  and  the  right  of  control  recog- 
nized in  the  King,  are  put  out  by  the  organs  of  the  executive  power. 

»  The  word  "  financial  "  was  omitted,  5/18  June  1903. 
«As  amended,  5/18  June  1903. 

88381—19 37 


570  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

However,  they  must  carry  an  express  mention  of  the  law  on  which 
they  are  founded. 

No  hxw  or  regulation  emanating  from  the  authorities  who  repre- 
sent the  State,  the  department  or  the  commmie  has  the  force  of  ap- 
plication before  having  been  published  in  the  manner  prescribed  i>v 
law. 

The  formula  of  the  publication  of  laws  must  state  expressly  their 
adoption  by  the  National  Skupshtina. 

Art.  117.  Laws  and  regulations  deriving  from  laws  have  obliga- 
tory force  for  all  Serbians  and  for  the  authorities  of  the  country,  as 
soon  as  they  have  been  published  conformably  to  the  law.^ 

Art.  118.  No  impost  or  other  general  contribution  can  be  created 
or  modified  without  the  approval  of  the  National  Skupshtina. 

The  State  can  not  contract  any  debt  without  the  consent  of  the 
Skupshtina.  The  government  is  required  to  submit  to  the  Na- 
tional Skupshtina  an  exact  report,  certified  by  the  Court  of  Accounts, 
stating  that  the  financial  agreements  have  been  concluded  and 
executed  conformably  to  the  law. 

Art.  119.  The  government  can  withdraw  a  bill  submitted  by  it  to 
the  Skupshtina,  so  long  as  it  has  not  been  the  object  of  a  definitive 
vote. 

Art.  120.  A  bill  definitively  rejected  by  the  Skupshtina  can  not  be 
presented  again  during  the  same  session.  ' 

Art.  121.  The  Skupshtina  has  the  right  of  inquiry,  as  well  as 
the  right  of  suit,-  in  electoral  matters  and  in  questions  pureb 
administrative. 

Each  deputy  has  the  right  to  address  questions  and  interpellations 
to  the  ministers.  The  ministers  must  respond  thereto  before  thi 
close  of  the  session. 

Art.  122.  Each  one  has  the  right  to  address  to  the  Skupshtin? 
through  the  intermediary  of  its  president,  petitions  and  complaints] 

The  Skupshtina  has  the  right  to  communicate  to  the  ministei 
these  petitions  or  complaints  addressed  to  it.     The  ministers  musi 
furnish  explanations  on  their   contents  whenever  the   Skupshtini 
requests  it. 

Only  the  deputies,  government  commissioners  and  members  of  tin 
Council  of  State  (Article  144  of  the  Constitution)  may  speak  on  th< 
floor  of  the  Skupshtina.^  The  National  Skupshtina  can  not  receive 
deputations  or  individuals,  nor  permit  anyone  whomsoever  to  speal 
except  the  above-named  persons. 

Art.  123.  No  one  can  at  any  time  demand  account  of  a  deputy  for" 
a  vote  which  he  has  cast  as  member  of  the  Skupshtina. 


1  The  rest  of  this  article  was  omitted,  5/18  June  1903. 

2  "  As  well  as  the  right  of  suit "  was  inserted,  5/18  June  1903. 

8  The  first  sentence  of  Paragraph  3  was  amended,  5/18  June  1903. 


SERBIA.  571 

As  for  speeches  made  in  the  Skupshtina,  the  deputies  are  respon- 
sible only  to  the  Skupshtina  itself,  which  can,  on  the  proposal  of 
the  president,  inflict  the  disciplinary  penalties  provided  by  the 
rules  of  the  National  Skupshtina. 

Art.  124.  Deputies  can  not,  without  the  previous  authorization  of 
the  National  Skupshtina,  be  sued  or  put  under  arrest  for  crimes  or 
debts  from  the  day  of  their  election  to  the  expiration  of  their  man- 
date, except  in  case  of  flagrante  delicto.  But  even  in  this  last  case, 
the  Skupshtina,  if  it  is  in  session,  shall  be  immediately  advised  and 
it  shall  give  or  refuse  authorization  to  prosecute  the  affair  before  the 
close  of  the  session. 

Art.  125.  The  Skupshtina  has  the  exclusive  right  to  maintain 
order  within  itself  through  the  medium  of  its  president. 

No  armed  force  can  penetrate  within  the  locality  of  the  National 
Skupshtina,  nor  within  its  hall. 

No  armed  person  can  penetrate  within  the  locality  of  the  National 
Skupshtina  except  those  whose  profession  obliges  them  to  carry 
arms  and  who  are  called  within  the  Skupshtina  by  parliamentary 
matters. 

Art.  126.  The  National  Skupshtina  is  in  direct  relation  only  with^ 
the  ministers. 

Art.  127.  Deputies  receive  from  the  treasury  of  the  State  traveling 
expenses  and  a  daily  compensation  of  15  francs  ^  for  the  duration  of 
the  legislative  sessions. 

Art.  128.  A  special  law^  shall  establish  the  internal  regulations  of 
the  Skupshtina.2 

Art.  129.  For  the  Grand  National  Skupshtina  there  shall  be  elected 
twice  as  many  deputies  as  for  the  Ordinary  National  Skupshtina. 

This  rule  shall  be  applied  also  to  the  deputies  mentioned  in 
Article  99.^ 

Art.  130.  The  Grand  National  Skupshtina  is  convoked  when  it  is 
necessary : 

1.  To  decide  the  question  of  the  throne  (Article  75). 

2.  To  name  the  Council  of  Regency  (Article  63). 

3.  To  decide  modifications  to  be  proposed  to  the  Constitution 
(Article  200*). 

4.  To  decide  concerning  the  alienation  or  exchange  of  a  portion 
of  the  territory  of  the  State  (Article  4). 

5.  When  the  King  judges  it  useful  to  consult  the  Grand  National 
Skupshtina. 

1  "  Of  15  francs  "  was  inserted  here  and  Paragraph  2  of  this  article  was  omitted,  5/18 
June  1903. 

2  Law  of  1/13  November  1889,  modified  28  January /9  February  1891, 
8  This  replaces  the  original  Paragraph  2  in  the  Constitution  of  1888. 

*This  replaces  reference  to  Articles  201  and  202  in  the  Constitution  of  1888. 


572  CONSTITUTIONS   OF  THE  STATES  AT  WAK. 

Part  VI. — The  Ministers. 

/  Art.  131.  At  the  head  of  the  services  of  the  State  is  the  Council  of 
\Ministers  placed  immediately  under  the  authority  of  the  King. 

The  Council  of  Ministers  is  composed  of  the  ministers  in  charge 
of  the  divers  public  services  and  of  the  president  of  the  Council  of 
Ministers^  who  may  be  without  portfolio.  The  King  appoints  the 
ministers  and  the  president  of  the  Council  of  Ministers  by  decree. 
On  entering  upon  their  duties,  the  ministers  take  the  oath  of  obedi- 
ence and  of  fidelity  to  the  King  and  swear  to  observe  conscientiously 
the  Constitution  and  the  laws. 

Art.  132.  Only  Serbians  by  birth  or  naturalized  persons  resident 
for  five  years  in  Serbia  can  be  ministers. 
^^^rt.  133.  No  member  of  the  Royal  House  can  be  minister. 

Art.  134.  Ministers  have  free  access  to  the  National  Skupshtina, 
/which  is  required  to  hear  them  each  time  that  they  request  it.    How- 
ever, ministers  can  not  take  part  in  the  vote  of  the  Skupshtina,  ex- 
cept in  the  case  where  they  shall  be  at  the  same  time  deputies. 

The  Skupshtina  has  the  right  to  demand  the  presence  of  ministers 
it  its  meetings. 

fART.  135.  Ministers  are  responsible  to  the  King  and  to  the  National 
Skupshtina  for  all  acts  done  in  the  exercise  of  their  functions. 
Every  official  act  signed  by  the  King  must  be  countersigned  by 
the  competent  minister. 

An  order  of  the  King  written  or  oral  can  not  in  any  case  coverj 
the  legal  responsibility  of  a  minister  or  of  any  other  public  func-! 
tionary.^ 

Art.  136.2  The  King  as  well  as  the  National  Skupshtina  has  the] 
right  to  impeach  a  minister: 

1.  For  treason  against  the  country  and  the  sovereign. 

2.  For  violation  of  the  Constitution  and  of  the  rights  guaranteed] 
by  the  Constitution  to  Serbian  citizens. 

3.  For  betrayal  of  trust. 

4.  For  injury  done  to  the  State  in  a  matter  of  personal  interest. 

5.  For  violation  of  the  laws  in  cases  Avhich  shall  be  specified  later 
by  a  special  law  on  ministerial  responsibility.^ 

Art.  137.  The  pioposal  to  impeach  a  minister  must  be  made  iui 
writing,  contain  the  enumeration  of  the  chief  points  of  accusation 
and  carry  the  signatures-  of  at  least  20  deputies. 

In  order  that  the  impeachment  may  be  pronounced,  it  is  necessary 
that  the  majority  which  votes  it  comprise  two  thirds  of  the  deputies 
present. 


*  This  paragraph  was  amended,  5/18  June  1903. 

=  Paragraph  2  of  this  article  was  omitted,  5/18  June  1903. 

2  Law  of  30  January/11  February  1891. 


^     ^  n^   5N 


SERBIA.  573 

The  minister  impeached  is  tried  by  a  Tribunal  of  State  composed 
of  members  of  the  Council  of  State  and  of  the  Court  of  Cassation. 

Art.  138.  A  special  law,  which  the  National  Skupshtina  shall  take 
up  in  its  first  legislative  period,  shall  specify  the  different  cases  of 
ministerial  responsibility,  the  penalties  to  be  applied  to  the  differ- 
ent crimes,  the  cbmpgsition  of  the  tribunal  called  to  try  the  min- 
isters and  the  procedure  to  be  followed.^ 

For  cases  of  ministerial  responsibility  which  are  not  provided  for 
by  the  Penal  Code  and  do  not  depend  upon  the  common  law,  the 
accused  minister  can  not  be  condemned  ^o  a  gi'eater  penalty  than 
imprisonment. 

Art.  139.  Tlie  King  can  not  make  use  of  his  pardoning  power 
in  favor  of  the  minister  condemned  without  the  consent  of  the 
National  Skupshtina,  nor  interrupt  the  inquiry  begun  against  the 
accused  minister. - 

Part  YII. — The  Council  of  State. 

Art.  140.  The  Council  of  State  is  composed  of  16  members,  of 
whom  8  are  appointed  by  the  King  and  8  elected  by  the  National 
Skupshtina  and  in  the  following  manner :  The  King  submits  to  the 
Skupshtina  a  list  of  16  candidates  and  the  latter  chooses  among  them 
8  candidates  whom  the  King  appoints  as  members  of  the  Council  of 
State;  the  National  Skupshtina,  on  its  side,  submits  to  the  King  a 
list  of  16  candidates  among  whom  the  King  chooses  and  appoints  8 
members  of  the  Council  of  State.  Vacancies  in  the  Council  of  State 
shall  be  provided  for  in  the  same  way. 

x\rt.  141.  The  members  of  the  Council  of  State  are  appointed  for 
life.  They  enter  into  the  category  of  functionaries  of  the  State.  The 
members  of  the  Council  of  State  can  not,  without  their  consent,  be 
relieved  of  their  functions,  nor  called  to  another  employment  of  the 
public  administration.  They  also  can  not  be  retired,  if  they  have  not 
expressed  the  desire  therefor,  unless  they  have  completed  40  years 
of  service,  or  have  passed  65  years  of  age,  or  their  state  of  health 
does  not  permit  them  longer  to  perform  their  functions. 

If  a  member  of  the  Council  of  State  is  appointed  minister,  no  pro- 
vision is  made  for  his  replacement  in  the  Council  of  State  and,  when 
he  ceases  to  be  minister,  he  returns  to  his  post  as  councilor  of  State. 

In  the  case  only  where  the  number  of  the  members  of  the  Council 
of  State  should  become  less  than  the  number  fixed  by  the  internal 
regulations  of  the  Council  of  State,  in  order  that  its  deliberations 
should  have  full  and  entire  effect,  provision  shall  immediat<?ly  be 
made  for  as  many  vacancies  as  are  necos^ni-y  so  that  the  Council  of 
State  can  hold  its  sessions. 

^Law  of  30  January/ll  February  ISOl. 
'This  last  clause  was  added,  5/18  June  1903. 


574  coNSTiTUTio:bTs  op  the  states  at  war. 

Art.  142.1  No  one  can  be  a  member  of  the  Council  of  State,  if  he  is 
not  a  Serbian  citizen,  if  he  is  not  35  years  old,  if  he  has  not  com- 
pleted the  courses  of  the  faculty  in  Serbia  or  abroad,  or  of  a  special 
school  equivalent  to  a  faculty,  and  if  he  has  not  been  employed  10 
years  at  least  in  the  service  of  the  State. 

Art.  143.  The  King  names  among  the  members  of  the  Council  of 
State  a  president  and  a  vice-president  of  the  Council,  who  remain 
in  office  for  three  years. 

Art.  144.  The  attributions  of  the  Council  of  State  are  as  follows : 

1.  To  elaborate,  on  the  invitation  of  the  government,  projects  of 
law  or  of  administrative  regulations  of  general  interest,  and  to  give 
its  advice  on  questions  which  the  government  submits  to  it. 

2.  To  examine  bills  which  the  government  presents  to  the  Na- 
tional Skupshtina  or  which  are  brought  in  on  the  initiative  of  the 
Skupshtina  and  to  give  its  advice  on  the  said  bills.  This  advice  shall 
have  no  obligatory  effect  either  for  the  Skupshtina  or  for  the  govern- 
ment ;  however,  it  must  be  communicated  in  all  cases  in  extenso  to  the 
National  Skupshtina  before  the  opening  of  the  discussion  of  the  said 
bills.  Besides,  the  Council  of  State  can  choose  from  its  midst  one  or 
two  of  its  members,  who  shall  have  to  defend,  before  the  Skupshtina, 
the  point  of  view  of  the  Council  of  State.^  The  Skupshtina  and  the 
government  can  fix  for  their  respective  bills  a  period  within  which  _ 
the  Council  of  State  shall  have  to  submit  its  advice;  the  Council  ol 
State  can  demand  the  prolongation  of  this  period.  However,  if,  at 
the  expiration  of  this  new  delay,  the  Council  of  State  does  not  pre- 
sent its  report  and  its  observations,  the  Skupshtina  can  proceed  anc 
commence  the  discussion  and  the  debates. 

3.  To  fix  the  list  of  the  candidates  for  vacant  seats  in  the  Conn 
of  Accounts  and  in  the  Courts  of  Cassation  and  of  Appeal. 

4.  To  determine  in  the  last  resort  upon  the  complaints  relative  t< 
the  election  for  the  Skupshtina  and  the  departmental  councils  anc 
to  the  municipal  elections. 

5.  To  try  functionaries  of  the  State  as  a  disciplinary  tribunal. 

6.  To  determine  on  the  complaints  against  ministerial  decisions 
in  respect  to  affairs  in  litigation.  Resolutions  of  the  case  brought  in 
by  the  Council  of  State  shall  be  obligatory  for  ministers. 

7.  To  determine  upon  the  conflicts  of  powers  between  the  admin- 
istrative authorities. 

8.  To  approve  partial  expenditures  on  general  credits  included  ii 
the  budget  for  extraordinary  needs,  as  well  as  the  detailed  applicatioi 
of  the  credit  granted  for  public  works,  in  so  far  as  these  expenses 
exceed  the  sum  of  which  the  minister  himself  can  legally  dispose. 

1  Paragraph  2  of  this  article  was  omitted,  5/18  June  1903. 

2  This  sentence  was  inserted,  5/18  June  1903. 


SERBIA.  575 

9.  To  determine  upon  exceptional  cases  of  admission  to  Serbian 
naturalization. 

10.  To  approve  compromises  between  the  State  and  individuals 
which  shall  be  found  advantageous  for  the  State. 

11.  To  determine  whether  there  is  occasion  according  to  the  law 
to  pronounce  expropriation  for  the  purpose  of  public  use. 

12.^  To  determine  on  complaints  against  decrees,  by  which  legiti- 
mate private  rights  are  injured.  The  Court  of  Accounts  has  the 
right  of  recourse,  in  the  name  of  the  State,  if,  by  public  decree, 
material  interests  of  the  State  are  injured  to  the  profit  of  indi- 
viduals. 

13.^  To  determine  on  complaints  against  ministerial  decisions, 
rendered  by  the  minister  in  matters  for  which  the  minister  was  not 
competent  or  which  went  beyond  the  province  of  the  authority  which 
is  attributed  to  him  by  the  law.  Decisions  rendered  by  the  Council 
of  State  on  this  subject  are  obligatory  for  the  minister. 

14.^  To  perform  the  functions  which,  shall  be  attributed  to  it  by 
the  different  laws  of  the  country. 

Art.  145.  The  internal  regulations  of  the  Council  of  State  shall  be 
fixed  by  a  special  law.^ 

Part  VIII. — The  Tribunals. 

Art.  146.  The  tribunals  are  independent.  In  rendering  justice, 
they  are  dependent  on  no  authority  except  that  of  the  law.  No  power 
in  the  Stat«.  either  legislative  or  executive,  can  meddle  in  judicial 
affairs,  and,  reciprocally,  the  tribunals  can  not  participate  in  the 
exercise  of  the  legislative  or  executive  power. 

Justice  is  rendered  in  the  name  of  the  King. 

Art.  147.  Xo  tribunal  whatever  can  be  instituted,  nor  anything 
whatever  be  created  in  point  of  judicial  organization  and  competence, 
unless  a  law  is  passed  to  this  effect. 

However,  in  no  case  and  by  no  right  can  there  be  instituted  ex- 
traordinary or  summary  tribunals,  nor  commissions  rendering  justice. 

Art.  148.  The  institution  of  the  jury  is  maintained. 

The  competence  of  the  jury  is  fixed  by  the  law.^ 

Art.  149.  The  tribunals  in  Serbia  are :  Tribtinals  of  first  instance 
and  the  Courts  of  Appeal  and  of  Cassation. 

For  all  Serbia,  there  is  only  one  Court  of  Cassation,  which  is  called 
upon  to  determine  solely  on  questions  of  law,  leaving  aside  questions 
of  fact. 

The  said  Court  of  Cassation  shall  also  decide  in  conflicts  between 
the  judicial  and  administrative  authorities. 

1  Nos.   12  and  13  inserted  after  11  and  the  original   12  became  14,  5/18  June   1903. 

2  Law  of  31  JanuaiT/13  February  1902. 

8  Law  of  31  March/12  April  1892,  modified  by  Law  of  20  November/3  December  1905. 


576  CONSTITUTIO]S"S   OF   THE   STATES   AT   WAR. 

The  president  of  the  Court  of  Cassation  ranks  as  member  of  the 
Council  of  State. 

Art.  150.  No  one  can  be  cited  before  a  tribunal  nor  tried  by  a 
tribunal  other  than  that  on  which  he  is  dependent  legalh\ 

Art.  151.  In  order  that  a  tribunal  may  render  justice,  there  must 
be  at  least  three  judges  sitting. 

However,  it  can  be  established  by  a  law  that  a  single  judge  is 
sufficient  to  pronounce  on  matters  of  little  importance,  civil  or  penal. 

Art.  152.  The  trials  of  tribunals  are  public,  except  in  cases  where 
the  judges  find  that  secret  sessions  are  in  the  interest  of  public  order 
or  morals. 

The  judges  deliberate  and  vote  secretly,  but  the  decision  is  pro- 
nounced aloud  and  publicly. 

Every  judgment  and  every  sentence  must  contain  the  grounds  and 
the  enunciation  of  the  articles  of  the  law  by  virtue  of  which  they  are 
rendered. 

Art.  153.^  Every  person  accused  of  a  crime  must  be  provided  with 
counsel  from  the  time  of  his  accusation.  If  he  does  not  designate 
his  counsel  himself,  the  tribunal  must  provide  one  for  him  officially. 
The  accused  may,  if  he  wishes,  have  counsel  even  during  the  pre- 
liminary examination. 

Art.  154.  All  judges  are  named  by  the  King. 

The  presidents  of  tribunals  of  first  instance  are  chosen  among  the 
candidates  figuring  on  two  lists,  of  which  one  is  proposed  by  the 
Court  of  Cassation  and  the  other  by  the  Court  of  Appeal. 

The  presidents  and  the  members  of  the  Courts  of  Cassation  and 
of  Appeal  are  also  chosen  from  among  the  candidates  figuring  on 
two  lists,  of  which  one  is  proposed  by  the  Council  of  State  and  the 
other  by  the  Court  of  Cassation. 

Each  of  these  lists  must  contain  twice  as  many  candidates  as  there 
are  vacant  places.  The  same  persons  can  be  carried  as  candidates  on 
both  lists. 

Judges  of  the  tribunals  of  first  instance  are  named  according  to  a 
list  proposed  by  the  Minister  of  Justice,  the  presidents  of  the  Courts 
of  Cassation  and  of  Appeal.  The  list  must  contain  a  number  of  can- 
didates equal  to  double  the  number  of  vacant  seats  to  be  filled.- 

Art.  155.  Those  can  not  be  judges  at  the  same  time  in  a  tribunal, 
or  render  justice  there  together,  who  are  relatives  in  direct  line  as- 
cending or  descending  in  any  degree  whatever,  collaterals  up  to  the 
fourth  degree,  related  by  marriage  to  the  second  degree  inclusive. 

Art.  156.  No  one  can  be  judge  if  he  is  not  a  Serbian,  and  if,  inde- 
pendently of  the  general  conditions  required  by  the  law  for  admission 
to  a  public  employment,  he  has  not  finished  regularly  the  courses  of 

1  As  amended,  5/18  June  1903. 

2  This  paragraph,  was  added,  5/18  June  1903. 


I 


SERBIA.  577 

a  faculty  of  law  in  Serbia  or  abroad.  No  one  can  be  judge  in  a 
tribunal  of  first  instance  if  he  is  not  25  years  old,  and  in  a  superior 
court  if  he  has  not  passed  30  years  of  age. 

No  one  can  be  president  of  a  tribunal  of  fii-st  instance,  or  judge  of 
a  Court  of  Appeal,  if  he  has  not  served  at  least  5  years  as  judge  in 
tribunals  of  firet  instance  or  as  secretary  to  the  Minister  of  Justice  or 
in  a  superior  court  or  as  titular  professor  of  law  in  the  Faculty  of 
Belgrade,  or  if  he  has  not  practiced  for  7  years  the  profession  of 
advocate. 

No  one  can  be  president  of  a  Court  of  Appeal,  nor  president  or 
member  of  the  Court  of  Cassation,  if  he  has  not,  independently  of 
the  conditions  set  forth  in  Paragraph  1  of  the  present  article,  served 
for  10  years  as  judge  or  as  titular  professor  of  law  in  the  Faculty  of 
Belgrade,  or  if  he  has  not  practiced  for  10  years  the  profession  of 
advocate,  or  if  he  has  not  been  for  5  years  member  of  the  Court  of 
Appeal  or  president  of  a  tribunal  of  first  instance,  or  if  he  has  not 
been  Minister  of  Justice. 

No  one  can  be  proposed  or  named  as  president  or  as  judge  of  any 
tribunal  whatever,  who,  in  consequence  of  a  judgment  of  the  Court 
of  Cassation  relative  to  a  disciplinary  offense,  shall  have  lost  his  posi- 
tion in  the  magistracy,  or,  in  consequence  of  a  conviction  by  a  regular 
tribunal  for  an  offense  or  crime  of  common  law,  shall  have  been 
eliminated  from  the  magistracy. 

The  above  provisions  are  not  applicable  to  the  judges  who  are  not 
functionaries  of  the  State. 

Art.  157.  The  irremovability  of  their  functions  is  assured  to 
judges. 

A  judge  can  not  be  dismissed  or  recalled  on  any  ground  from 
his  functions  against  his  will,  unless  it  be  by  virtue  of  a  judg- 
from  his  functions  against  his  will,  unless  it  be  by  virtue  of  a  judg- 
ment by  a  regular  tribunal  or  of  a  judgment  by  the  Court  of  Cassa- 
tion for  a  disciplinary  offense. 

A  judge  can  not  be  cited  before  the  court  for  his  official  acts  with- 
out the  assent  of  the  Court  of  Cassation. 

A  judge  can  only  be  transferred  if  he  declares  in  writing  that  he 
accepts  his  new  destination. 

A  judge  can  not  be  retired  against  his  will,  unless  he  is  60  years 
old  or  has  had  40  years  of  service,  or  unless  his  physical  or  intellec- 
tual infirmities  render  him  unfit  for  service.  However,  in  this  last 
case,  it  is  necessary  that  his  retirement  be  pronounced  by  sentence 
of  the  Court  of  Cassation. 

Art.  158.  A  judge  can  not  accept  any  other  employment  in  the 
public  administration,  except  the  functions  of  honorary  professor  in 
the  Faculty  of  Law. 


578  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

He  can  not  be  assigned,^  even  temporarily,  to  any  other  employ- 
ment, remunerative  or  honorary. 

Art.  159.  A  special  law  regulates  the  composition,  organization 
and  compentence  of  military  tribunals,  as  well  as  the  conditions 
Tvhich  those  who  administer  justice  therein  must  fulfill. 

Part  IX. — Departments,  Arroxdissemexts  and  Communes. 

Art.  160.  In  the  departments,  beside  the  administrative  authori- 
ties representing  the  State,  the  departmental  assemblies  and  the  per- 
manent commissions  function  as  autonomous  powers.  These  powers 
are  called  to  watch  over  the  departmental  interests  in  the  matter 
of  public  instruction,  industry,  ways  of  communication,  hygiene  and 
finances,  and  to  work  for  their  development.^ 

Art.  161.  T,he  communes  are  autonomous. 

The  administration  of  communal  interests  is  confided  to  the  com- 
munal tribunals,  to  the  municipal  councilors  and  to  the  general  as- 
semblies of  the  communes. 

Art!  162.  The  municipal  elections  take  place  by  direct  suffrage. 

Art.  163.  In  municipal  and  departmental  elections,  every  Serbian 
citizen  under  the  jurisdiction  of  the  commune  or  of  the  department 
respectively  who,  besides  the  conditions  prescribed  by  the  law,  pays  to 
the  State  15  francs  of  direct  taxes  per  annum,  including  the  addi- 
tional centimes  of  the  State ,2  is  an  elector. 

Every  member  of  a  family  association  who  is  21  years  old  is  an 
elector,  whatever  may  .be  the  assessment  of  direct  taxes  which  he 
pays. 

Art.  164.  The  communal  authorities,  as  well  as  the  departmental! 
assemblies  and  the  permanent  commissions,  are  required,  outside  of 
the  administration  of  the  communal  and  departmental  interests,  to 
give  their  care  to  the  affairs  of  the  State  which  are  entrusted  to  themi 
by  the  laws. 

Art.  165.  No  new  commune  can  be  instituted,  no  existing  commune 
can  modify  its  boundaries,  without  the  approval  of  the  legislative 
authority. 

Art.  166.  Every  citizen,  as  well  as  all  real  estate,  constitutes  part; 
of  a  commune  and  must  share  in  the  expenses  of  the  commune,  the 
arrondissement  and  the  department. 

Art.  167.  Additional  centimes  can  not  be  deducted  previously  from 
a  department  or  an  arrondissement  without  the  assent  of  the  de- 
partmental assembly.  Likewise,  additional  centimes  can  not  be 
imposed  upon  the  communes  without  the  consent  of  the  communall| 
assembly. 

1  The  words  "  against  his  will  "  were  omitted,  5/18  June  1903. 

2  An  additional  sentence  was  omitted,  5/18  June  1903. 
3 "  Including  the  additional   centimes   of   the   State "   was  added,   5/18   June   1908. 


SEBBIA.  579 

Similarly,  the  departments,  arrondissements  and  communes  can 
not  contract  loans  without  the  previous  authorization  of  the  depart- 
mental and  communal  assemblies  interested. 

The  law  shall  determine  the  cases  where,  to  institute  additional 
centimes  and  to  contract  the  loans  in  question,  the  consent  of  the 
legislative  power  or  of  another  power  of  the  State  shall  be  necessary. 

Art.  168.  Departments,  arrondissements  and  communes  can  hold 
property  with  the  same  right  as  individuals. 

Art.  169.  The  attributions  and  the  organization  of  the  autonomous 
departmental,  arrondissement  and  communal  powers,  as  *svell  as  their 
relations  with  each  other  and  ^  with  the  different  powers  of  the  State, 
shall  be  determined  by  a  special  law.^ 

Part  X. — Finances,  Economy,  and  Domain  of  the  State. 

Art.  170.  Every  Serbian  is  required  to  pay  the  impost  to  the  State. 

The  impost  is  assessed  proportionately  to  the  wealth. 

Art.  171.  No  one  can  be  released  from  the  obligation  to  pay  the 
imposts  outside  of  the  cases  provided  by  the  law. 

The  King  and  the  heir  to  the  throne  do  not  pay  taxes. 

Art.  172.  No  pension,  relief  or  any  reward  whatever  can  be  paid 
by  the  treasury,  unless  by  virtue  of  a  legal  prescription. 

Art.  173.  Each  year  the  National  Skupshtina  approves  the  budget 
of  the  State,  which  is  valid  for  one  year  only.^ 

The  budget  must  be  presented  to  the  National  Skupshtina  at  the 
very  beginning  of  the  session.  At  the  same  time  the  National 
Skupshtina  must  be  put  in  possession  of  rectificative  tables  of  the 
fiscal  year  closed. 

All  receipts  and  expenditures  of  the  State  must  figure  in  the  bud- 
get as  well  as  in  the  rectificative  tables. 

The  Skupshtina  can  not  augment  the  credits  proposed  by  the 
budget  bill ;  but  it  can  reduce  them  or  even  suppress  them  entirely.* 

The  economies  realized  on  certain  credits  allowed  to  one  part  or 
to  one  year  of  the  budget  can  not  be  transferred  to  another  part  or 
year — except  in  the  case  where  these  transfers  shall  be  approved  by 
the  legislative  power.* 

Art.  174.  If  the  National  Skupshtina  can  not  vote  the  new  budget 
before  the  beginning  of  the  fiscal  period,  it  can  apply,  provisionally, 
the  budget  of  the  fiscal  period  just  ended  until  the  adoption  of  the 
new  budget. 

1 "  With  each  other  and  "  was  inserted,  5/18  June  1903. 

2  Law  of  18/31  March  1905  on  the  organization  of  departments  and  arrondissements. 
Law  of  5/18  June  1903  on  the  communal  organization,  modified  by  the  law  of  3/16  De- 
cember 1905. 

8  The  budgetary  year  commences  1  November. 

*As  modified,  5/18  June  1903. 


580  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

If  the  National  Skupshtina  is  dissolved  or  prorogued  before  th 
vote  on  the  budget,  the  King,  in  concert  with  the  Council  of  State, 
can  order  the  application  of  the  budget  of  the  fiscal  period  Jus 
closed  for  a  period  of  four  months  at  the  most. 

Art.  175.  The  mines  belong  to  the  public  domain. 

Art.  176.  The  right  of  monopoly  belongs  to  the  State.  The  Stati 
can  grant  this  right  to  a  third  party,  but  only  by  virtue  of  a  law  an( 
for  a  determined  time. 

Likewise,  a  concession  can  not  be  granted  except  by  virtue  of  a  la 
and  for  a  determined  time. 

Mine  concessions  shall  be  granted  by  a  special  law.^ 

Art.  177.  The  domain  of  the  State  is  composed  of  all  the  property 
real  and  personal,  as  well  as  all  the  rights  of  possession  which  the 
State  acquires  or  possesses  in  itself.  m 

It  is  only  by  virtue  of  a  law  that  property  of  the  domain  can  bfl 
alienated  or  hypothecated,  or  their  revenues  engaged  or  encumbered 
with  other  charges. 

Art.  178.  The  domain  of  the  State  is  distinct  from  the  private 
domain  of  the  King,  of  which  he  can  dispose  freely  during  his  lifcH 
time  and  by  act  of  last  will  conformably  to  the  provisions  of  the 
Civil  Code."^ 

Paragraph  2  of  Article  40  of  the  present  Constitution  is  not  ap- 
plicable to  the  domain  of  the  King. 

The  expenditures  for  the  maintenance  of  those  of  the  properties  of 
the  State  of  which  the  King  has  the  enjoyment  gratuitously  are  sup- 
ported by  the  civil  list. 


Part  XL — The  Court  or  Accounts. 


I 


Art.  179.  In  view  of  the  control  of  the  accounts  of  the  different 
services  of  the  State  the  Court  of  Accounts  is  instituted  functioning 
as  an  independent  administration.  A  law  shall  determine  the  cases 
wherein  complaint  can  be  lodged  with  the  Court  of  Cassation  against 
the  decision  of  the  Court  of  Accounts. 

The  Court  of  Accounts  is  composed  of  a  president  and  four  mem- 
bers.    The  president,  as  well  as  the  members  of  the  Court  of  Ac- 
counts, are  chosen  by  the  National  Skupshtina  among  the  candidate 
proposed  by  the  Council  of  State.     This  list  of  candidates  must  a] 
ways  contain  twice  as  many  names  as  there  are  vacant  seats. 

The  members  of  the  Court  of  Accounts  have  the  rank  of  the  meraj 
bers  of  the  Court  of  Cassation  and  its  president  has  the  rank  of 
councilor  of  State. 

Art.  180.  Serbian  citizens  can  be  members  of  the  Court  of  Ac 
counts,  who  have  completed  the  study  of  law  in  Serbia  or  abroa( 

^  This  phrase  was  inserted,  5/18  June  1903. 
2  This  paragraph  was  added,  5/18  June  1903. 


«  SERBIA.  581 

P 

and  who,  besides,  have  served  10  years  in  one  of  the  services  of  the 
State:  or  who  have  served  10  years  as  high  functionaries  in  the 
Department  of  Finances,  and  who,  appointed  by  decree,  have  had 
10  years  of  active  service.^  However,  the  president  of  the  Court  of 
Accounts  and  two  of  its  members  must  have  completed  their  law 
studies.* 

The  president  and  the  members  of  the  Court  of  Accounts  are 
irremovable.^  They  can  not  be  dismissed  from  the  service  except 
by  virtue  of  a  judgment  rendered  by  the  tribunals  of  the  country, 
nor  transferred  to  another  post  unless  with  their  formal  consent 
recorded  in  a  written  declaration.  They  can  only  be  retired  if  they 
have  had  40  years  of  service  or  if  they  have  passed  65  years  or  if  their 
state  of  health  renders  them  unfit  to  continue  their  service. 

Art.  181.  The  Court  of  Accounta  makes  revision,  rectification  and 
deduction  of  the  accounts  of  the  general  administration,  as  well  as 
all  administration  of  funds  depending  on  the  treasury.  It  sees  that 
the  different  credits  granted  by  the  budget  are  not  exceeded  and  that 
no  exchanges  are  made.  It  closes  the  accounts  of  all  the  public 
administrations  and  it  is  required  to  collect  all  vouchers  and  all 
information  necessary. 

The  general  account  is  presented  to  the  National  Skupshtina  with 
the  observations  of  the  Court  of  Accounts  within  a  period  of  two 
years  from  the  closing  of  each  fiscal  period. 

A  special  law  shall  determine  more  closely  the  organization  and 
the  attributions  of  the  Court  of  Accounts,  as  well  as  the  mode  of 
recruiting  its  personnel.* 

Part  XII. — The  Services  of  the  State. 

Art.  182.  All  citizens  Serbian  by  birth  have  equal  rights  to  all  the 
employments  of  the  different  branches  of  the  services  of  the  State, 
provided  they  fulfill  the  conditions  required  by  the  laws. 

Naturalized  Serbians  have  a  right  to  public  employments,  provided 
they  have  five  years  of  residence  in  Serbia. 

Foreigners,  as  well  as  naturalized  Serbians,  who  do  not  have  five 
years  of  residence  in  Serbia,  can  be  admitted  to  public  employment, 
but  under  contract  only  and  in  cases  determined  previously  by  the 
law. 

Art.  183.  In  the  nomination  and  advancement  of  functionaries 
account  shall  be  taken  of  good  conduct,  aptitudes  and  special  attain- 

1  "And  who  .  ,  .  service"  was  added,  5/18  June  1903. 

2  A  paragraph  of  the  Constitution  of  1888  making  transitory  provisions  was  omitted  In 
the  Constitution  of  1903. 

*  The  wording  of  this  sentence  was  slightly  modified,  5/18  June  1903. 

*  Law  of  1/13  May  1892. 


582  CONSTITUTIONS  OF  THE  STATES  AT  WAR. 

ments.  As  a  control  of  the  special  attainments,  there  shall  be  grad- 
ually instituted  State  examinations  in  all  the  branches  of  the  public 
administration. 

Art.  184.  Every  functionary  is  responsible  for  his  official  acts 
without  regard  to  the  one  who  has  given  him  orders.^ 

Art.  185.  Functionaries,  on  their  entrance  into  the  service  of  the 
State,  take  the  oath  of  obedience  and  of  fidelity  to  the  King  and 
swear  to  observe  conscientiously  the  Constitution. 

Art^186.  Employment  in  the  services  of  the  State,  as  well  as  the 
salaries  of  the  functionaries  in  the  different  branches,  are  fixed  by 
the  law. 

Art.  187.  The  institution  of  retirement  pensions  is  maintained. 
The  law  determines  the  considerations  which  can  give  a  functionary 
a  right  to  retirement  as  well  as  those  who  can  bring  about  his  retire- 
ment. 

Art.  188.  For  the  pension  to  the  orphans  and  to  the  widow  of  a 
functionary,  there  is  maintained  the  special  fund  constituted  by  the 
payments  deducted  from  the  salaries  and  the  retirement  pensions  of 
the  functionaries. 

Part  XIII. — The  Church,  Schools  and  Benevolent  Institutions. 

Art.  189.  The  interior  administration  of  the  Orthodox  Church 
belongs  to  the  Synod. 

For  other  cults,  the  administration  of  the  internal  affairs  belong 
to  the  competent  spiritual  authorities. 

The  spiritual  organs,  as  well  of  the  Orthodox  Church  as  of  oth( 
cults  recognized  in  Serbia,  are  under  the  surveillance  of  the  Minisi 
of  Cults. 

The  organization  of  the  spiritual  authorities  and  of  the  seminari< 
of  the  Orthodox  Church  is  furnished  by  a  law  after  agreement 
the  Minister  of  Cults  with  the  Synod. 

Art.  190.  The  spiritual  authorities  have  right  of  jurisdiction  ov< 
ecclesiastics  for  offenses  committed  in  their  spiritual  functions,  ei 
cept  crimes  dependent  on  the  Penal  Code. 

Complaints  of  abuse,  directed  against  the  spiritual  authorities 
any  one  of  the  cults  practiced  in  the  country,  are  handed  over  to  tl 
Minister  of  Cults. 

Ecclesiastical  persons  and  the  spiritual  powers  depend  on  the  com- 
mon laws  of  the  country  in  what  concerns  their  civil  acts  and  their 
property. 

Art.  191.  The  correspondence  of  the  spiritual  authorities  of  the 
Orthodox  Church  with  the  spiritual  authorities,  councils  and  synods 
abroad  is  submitted  to  the  approval  of  the  Minister  of  Cults. 

1  •'  Without  .  .  .  orders  "  was  added,  5/18  June  1903. 


SERBIA.  583 

The  correspondence  of  the  ministers  of  the  other  cults  professed 
in  Serbia  with  the  spiritual  authorities,  councils  and  synods  abroad 
must  also  be  submitted  to  the  approbation  of  the  Minister  of  Cults. 

No  act  emanating  from  the  spiritual  authorities,  councils  and 
synods  abroad  can  be  published  by  any  spiritual  authority  whatever 
in  Serbia,  nor  receive  its  execution,  except  with  the  knowledge  and 
iauthorization  of  the  Minister  of  Cults. 

Art.  192.  All  public  and  private  schools  and  other  educational  es- 
tablishments are  placed  under  the  surveillance  of  the  State.^ 

Art.  193.  Charitable  establishments,  foundations  for  instruction 
and  other  philanthropic  works,  instituted  by  individuals  during 
their  life  or  by  last  act  of  will,  by  means  of  donations  or  of  legacies, 
or  by  the  creation  of  funds,  shall  have  the  right  of  existence  only 
so  long  as  these  works  shall  have  received  the  authorization  of  the 
State  by  virtue  of  the  laws  of  the  country.  But  the  property  of  these 
institutions  can  not  be  considered  as  property  of  the  State,  nor  be 
diverted  from  the  destination  which  has  been  assigned  them  by  their 
founders. 

In  the  case  only  where,  in  time,  because  of  changes  occurring  in 
the  social  state,  or  for  any  cause  whatever,  it  becomes  impossible  to 
devote  them  to  their  primitive  destination,  the  property  of  these  in- 
stitutions can,  by  virtue  of  a  decision  of  the  legislative  power  and 
on  the  proposal  of  the  persons  charged  with  their  management, 
receive  another  analogous  destination. 

A  law  shall  fix  the  procedure  to  be  followed  in  the  matter,  as  well 
as  the  rights  and  duties  of  the  persons  charged  with  the  administra- 
tion of  these  works  of  charity  and  foundations,  and  shall  determine 
the  measure  in  which  the  surveillance  of  the  State  shall  be  exercised. 

Part  XIV. — The  Army. 

Art.  194.  Every  Serbian  is  required  to  serve  in  the  army. 

The  length  of  the  military  service,  the  modes  of  service  and  the 
cases  of  exemption  from  personal  service  are  fixed  by  a  special  law. 

The  law  determines  likewise  what  are  the  grades  in  the  army,  how 
the  grades  are  conferred  and  what  are  the  circumstances  which  can 
2ause  the  loss  of  those  grades. 

Art.  195.  The  organization  of  the  army  is  the  object  of  a  special 
law,  and  its  formation  is  determined  by  way  of  royal  ordinance. 

Art.  196.  The  budget  of  each  year  shall  determine  the  effectives 
of  the  permanent  army  for  the  current  fiscal  period. 

Art.  197.  Soldiers  with  the  colors  are  justiciable  in  penal  matters 
by  the  military  tribunals  which  determine  according  to  the  prescrip- 
tions of  the  military  jurisdiction. 

1  Law  of  19  April/2  May  1904  concerning  national  primary  schools  (in  87  articles). 
Law  of  27  February/12  March  1905  creating  a  University  of  Belgrade. 


584  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

The  regulations  concerning  military  discipline  and  disciplinar 
penalties  are  published  by  royal  ordinance. 

Art.  198.  No  one  can  enter  the  service  of  the  State,  if  he  has  nol 
according  to  the  prescriptions  of  the  military  laws,  performed  h\\ 
service  in  the  army,  or  if  he  is  not  exempt  from  the  service. 

Art.  199.  Foreign  troops  can  not  be  taken  into  the  service  of  th^ 
State.  Every  convention  stipulating  that  a  foreign  army  shall  o( 
cupy  the  Serbian  territory  or  traverse  this  territory  is  valid  only  ij 
it  is  consented  to  by  the  National  Skupshtina.  Likewise  the  Serbia] 
army  can  not  be  placed  at  the  service  of  another  State  without  th^ 
consent  of  the  National  Skupshtina. 

Part  XV. — The  Eevision  of  the  Constitution. 

Art.  200.^  Propositions  tending  to  introduce  modifications  or  a( 
ditions  to  the  Constitution  or  to  interpose  one  of  its  provisions  maj 
be  presented  by  the  King  or  by  the  National  Skupshtina. 

A  proposition  of  this  kind  must  contain  the  formal  enunciation 
all  the  points  of  the  Constitution  on  which  can  be  brought  forwar^ 
amendments,  additions  or  proposed  interpretations. 

If  the  proposition  is  presented  by  the  King,  it  shall  be  communis 
cated  to  the  National  Skupshtina.  The  Skupshtina  shall  then  be 
dissolved,  and  the  Grand  National  Skupshtina  shall  be  convoked 
within  a  period  of  four  months  at  the  most. 

If,  on  the  contrary,  a  proposition  of  this  kind  proceeds  from  the 
initiative  of  the  Skupshtina,  it  must  be  voted  by  the  Skupshtina  at 
two  different  times  and  with  10  days'  interval  between  the  two  coi 
secutive  votes. 

The  proposition  shall  be  considered  as  adopted,  if  the  absolute  irn 
jority  of  the  deputies  determined  by  the  Constitution  has  voted 
favor  of  the  proposition. 

The  proposition  having  been  adopted  in  this  manner,  the  Skupsl 
tina  shall  be  dissolved,  and  the  Grand  National  Skupshtina  shall  be 
convoked  within  a  period  of  four  months  at  me  most,  counting  f ro» 
the  day  of  the  adoption  of  the  proposition.  f 

In  each  of  the  two  cases,  the  Grand  National  Skupshtina  shall  have 
power  to  decide  only  on  the  amendments  and  additions  to  be  intr( 
duced  into  the  Constitution  and  the  interpretations  of  the  Constiti 
tion.  contained  in  the  proposition  in  view  of  which  it  has  been  coi 
voked. 

The  decisions  of  the  Grand  National  Skupshtina  adopted  by  tl 
absolute  majority  of  the  deputies  determined  by  the  Constitution 
shall  be  executory  when  they  shall  have  been  sanctioned  by  the  King. 

1  As  amended,  5/18  June  1903,  M 


LVe 

I 


SERBIA.  585 

Traxsitory  Provisions. 

Art.  201.^ — I.  King  Peter  I  shall  take  the  oath  prescribed  by 
Article  60  of  the  present  Constitution  before  the  national  repre- 
sentation. This  national  representation  shall  preserve  its  mandate 
until  the  first  elections  of  the  Skiipshtina. 

II.  At  the  moment  of  the  publication  of  the  present  Constitu- 
tion the  following  laws  are  recalled  into  force,  in  so  far  as  they  are 
not  in  opposition  with  the  provisions  of  the  present  Constitution : 

1.  The  Electoral  Law  of  25  March  1890,*  with  the  modifications  and  addi- 
tions of  28  .Tanimry  1891.  The  periods  indicated  by  this  law  must  be  ad- 
vanced, regard  had  to  the  day  fixed  for  the  election   (Article  100). 

2.  The  Law  on  the  Internal  Regulation  of  the  National  Skupshtina  of  1 
1  November  1889,  including  the  modifications  of  28  .January  1891. 

3.  The  Law  on  Ministerial  Responsibility  of  30  .January  1891. 

4.  The  Law  on  the  Organization  of  the  Council  of  State  of  21  December 

1 1901,  and  the  Law  on  the  Internal  Regidation  of  the  Council  of  State  of  31. 
January  1902. 

o.  The  Law  on  the  Organization  of  the  Court  of  Accounts  of  1  May  ISGSL 

6.  The  Law  on  the  Administrative  Division  of  the  Kingdom  of  Serbia  of 
15  March  1890.  with  the  modifications  and  additions  of  31  March  1891,  9- 
May  1894,  17  February  1896,  5  January  1899,  24  January  1900,  31  March  1902: 
and  10  April  1902. 

7.  The  Communal  Law  of  21  March  1902. 

8.  The  Law  on  Public  Meetings  and  Associations  of  31  March  1891. 

9.  The  Law  on  the  Press  of  31  March  1891. 

From  this  moment  all  laws  and  ordinances,  so  far  as  they  are  con- 
trary to  the  present  Constitution,  or  indeed  to  the  laws  just  men- 
tioned, shall  be  considered  as  abrogated. 

III.  The  King  shall  name  by  decree  and  from  this  moment  the 
president,  the  vice-president  and  the  members  of  the  Council  of  State, 
who  shall  have  to  fulfill  the  functions  specified  by  the  present  Con- 
stitution, until  the  first  National  Skupshtina  at  its  ordinary  session^ 
shall  have  proceeded  to  their  nomination  conformably  to  the  provi- 
sions of  Article  140  of  the  present  Constitution. 

The  present  councilors  of  State  are  relieved  from  their  functions. 

The  president  and  the  members  of  the  Court  of  Accounts  shall 
continue  to  fulfill  their  functions  until  they  have  been  reappointed 
conformably  to  the  provisions  of  the  present  Constitution  and  during 
the  first  ordinary  session  of  the  National  Skupshtina. 

Likewise,  the  presidents  and  the  judges  of  the  Court  of  Cassation,, 
of  the  Court  of  Appeal  and  of  the  tribunals  of  first  instance  shall 
continue  to  fulfill  their  functions. 

As  soon  as  the  Council  of  State  shall  have  been  constituted  con- 
formably to  the  present  Constitution  (Article  140),  it  shall  proceed 
to  the  election  of  the  president  and  the  members  of  the  Court  of 
Cassation  and  shall  submit  to  the  King  the  list  of  the  chosen. 

1  As  amended,  5/18  June  1903. 

*  This  and  all  the  dates  mentioned  in  this  article  are  old  styles. 

88381—19 38 


586 


CONSTITUTIONS  OF   THE   STATES   AT   WAR. 


The  president  and  the  members  of  the  Court  of  Cassation  shall 
enter  upon  their  functions  as  soon  as  the  King  shall  have  appointed] 
them. 

The  president  and  the  members  of  the  Court  of  Appeal  are  chosen 
and  appointed  conformably  to  Article  154  of  the  present  Consti- 
tution. 

The  presidents  and  the  judges  of  the  tribunals  of  first  instance  are^ 
chosen  and  appointed  in  the  manner  provided  by  Article  154  of  the 
present  Constitution. 

IV.  The  law  on  the  budget  of  the  State  of  4  April  1903  shall 
remain  in  force. 

Art.  202.^  From  the  day  of  the  promulgation  of  the  present  Con- 
stitution, the  Constitution  of  6  April   1901    [old  style]    shall  be 
abrogated,  as  well  as  all  laws  and  ordinances,  in  so  far  as  they  are 
contrary  to  the  present  Constitution. 

The  Council  of  Ministers  is  required  to  promulgate  immediately 
the  present  Constitution  in  the  Oflcial  Journal. 


1  As  amended,  5/18  June  1903. 


SIAM. 

Siam  is  an  absolute  monarchy,  in  which  the  King  exercises  the 
executive  power,  supported  and  advised  by  a  Cabinet  (Senabodi) 
consisting  of  the  heads' of  the  various  departments:  Foreign  Affairs, 
Interior,  Justice,  Finance,  Public  Instruction,  Public  Works,  War, 
etc.  Many  of  the  portfolios  are  held  by  the  King's  half-brothers  and 
uncles.  There  is  no  written  Constitution.  The  Law  of  8  May  1874, 
constituting  a  Council  of  State,  has  now  been  superseded  by  the  Royal 
Decree  of  10  January  1895,  creating  a  Legislative  Council,  which  is 
composed  of  the  Ministers  of  State  {ex-oificio  members)  and  others, 
not  less  than  twelve  in  number,  appointed  by  the  King.  In  the  pre- 
amble of  the  Royal  Decree  it  is  stated  that  the  object  of  this  body  is 
to  revise,  amend  and  complete  the  legislation  of  the  kingdom.  It  is 
to  meet  at  least  once  a  week,  and  it  may  appoint  committees  of  three 
or  four  members,  with  the  addition  of  competent  outsiders  who  must 
not  outnumber  the  members.  An  important  article  gives  the  Legis- 
lative Council  power  to  promulgate  laws  without  the  royal  assent  in 
the  event  of  any  temporary  disability  of  the  King.  At  other  times 
the  royal  signature  is  indispensable.  This  Council  has  shown  con- 
siderable legislative  activity.  Through  the  Declaration,  signed  at 
London,  15  January  1896,^  the  integrity  of  Siam  was  assured  by 
France  and  Great  Britain.^ 

1  English  and  French  texts  in  parallel  columns  in  the  British  and  Foreign  State 
Papers,  88  :  pp.  13-16  ;  the  English  text  also  appears  in  Papers  Relating  to  the  Foreign 
Relations  of  the  United  States,  1896  (Washington,  1897),  pp.  139-140. 

2  These  paragraphs  are  based  upon  The  Statesman's  Year  Book  (1918)  and  Paul  Posb- 
NBB,  Die  Staatsverfassungen  des  Erdhalla  (Charlottenburg,  1909),  p.  934. 

587 


TURKEY. 

Until  1908  the  government  of  the  Sultan  (padishah)  was  an 
absolute  monarchy  in  the  full  sense  of  the  term,  there  being  no 
counterbalance  to  its  authority.  However,  the  reforms  attempted 
since  1839  in  the  political  and  administrative  field,  often  under  the 
pressure  of  the  European  Powers,  may  be  considered  as  a  sort  of 
step  toward  the  political  transformation  of  1908. 

The  Ilatt-i-sherif  of  3  November  1839  (26  Shaaban  1255),  the  first 
program  of  these  reforms,  provided  expressly  that  the  national  insti- 
tutions should  guarantee  henceforth  to  all  Ottoman  subjects,  without 
distinction  of  race  or  cult,  "  a  perfect  security  as  to  their  life,  honor 
and  fortune."  The  reforms  especially  announced  were  financial  and 
military,  but  from  1839  to  1856  few  of  these  reforms  were  brought 
about. 

A  second  act,  the  Hatt-i-huniayoun  ^  of  18  February  1856  (10 
Jornada  I  1272),  emanating  from  the  initiative  of  the  Sultan,  but 
inspired  likewise  by  the  Powers,  developed  the  program  of  1839, 
promising  equality  of  all  before  the  law,  respect  of  property,  free- 
dom of  worship,  equality  of  taxation,  publicity  of  trials,  equality  of 
witnesses,  abolition  of  confiscation  and  torture,  etc.  But  the  majority 
of  these  reforms  were  yet  to  remain  dead  letters. 

Dating  from  1859  the  European  Powers  began  to  interfere 
seriously  in  the  internal  affairs  of  the  Ottoman  Empire.  Russian 
and  English  projects  for  reform  resulted  in  the  promulgation  of  a 
real  Constitution  on  23  December  1876  (7  Dulkaada  1293)  and  the 
first  Ottoman  Parliament  opened  on  19  March  1877.  But  the  war 
with  Eussia  broke  out  the  following  month  and  subsequently  the 
Parliament  was  prorogued  indefinitely.  The  Treaty  of  Berlin  of  13 
July  1878,  which  removed  important  provinces  from  Turkey,  im- 
posed different  engagements  upon  it,  bearing  notably  upon  freedom 
of  conscience  and  of  worship,  admissibility  to  public  employment, 
freedom  of  non-Mussulman  communities  (Article  62),  and  "Improve- 
ments and  reforms  required  by  local  needs  in  the  provinces  inhabited 
by  the  Armenians  "  (Article  61).  The  Turkish  Constitution  of  1876, 
after  having  remained  a  dead  letter  for  30  years,  was  put  back  into 

*The  Hatt-i-humayoun  and  the  Hatt-i-sherif  were  rescripts  emanating  directly  from 
the  Sultan  and  preceded  by  the  formula,  "  Let  it  be  done  conformably  to  the  contents," 
written  in  the  Sultan's  hand. 


590  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

force  by  a  Ilatt-i-humayoun  of  2  August  1908,  under  the  influence  o: 
the  Young  Turk  party,  and  within  a  year  afterwards  was  revised 
19  articles  being  modified.^ 


I 


CONSTITUTION  OF  23  DECEMBER  1876,  AS  AMENDED  IN  1909.^ 
The  Ottoman  Empire. 

Article  1.  The  Ottoman  Empire  comprises  the  existing  territories 
and  divisions  and  the  privileged  provinces.    It  forms  an  indivisible 
whole,  and  can  never  alloAv  any  part  to  be  detached  for  any  reasoi^ 
whatever.  " 

Art.  2.  Constantinople  shall  be  the  capital  of  the  Ottoman  Em- 
pire. That  city  shall  possess  no  privilege  or  immunity  not  enjoyed 
by  other  Ottoman  towns. 

Art.  3.^  The  imperial  Ottoman  sovereignty,  which  carries  with  it 
the  Supreme  Caliphate  of  Islam,  falls  to  the  eldest  prince  of  the 
House  of  Osman,  according  to  the  rule  established  ab  antiquo.  On 
his  accession  the  Sultan  shall  swear  before  Parliament,  or,  if  Parlia- 
ment is  not  sitting,  at  its  first  meeting,  to  respect  the  provisions  of 
the  Sheri  *  and  the  Constitution,  and  to  be  loyal  to  the  country  and 
the  nation.^ 

Art.  4.  As  Caliph,  His  Imperial  Majesty  the  Sultan  is  the  pro 
tector  of  the  Mussulman  faith ;  and  he  is  the  ruler  and  padishah  of 
all  Ottoman  subjects. 

Art.  5.  The  person  of  His  Imperial  Majesty  the  Sultan  is  sacred 
and  irresponsible. 

Art.  6.  Liberty  of  the  members  of  the  dynasty  of  Osman,  their 
property,  both  real  and  personal,  and  the  civil  list  granted  them  for 
life  by  the  law  ad  hoc  are  under  the  guarantee  of  all. 

Art.  7.^  Among  the  sacred  prerogatives  of  the  Sultan  are  the 
following:  The  mention  of  his  name  in  prayers;  the  minting  of 
money;  the  granting  of  high  public  offices  and  titles,  according  to 
the  law  ad  hoc;  the  conferring  of  orders ;  the  selection  and  appoint- 

^  These  introductory  paragraphs  are  based  upon  F.  R.  Daeestb  et  P.  Dabbstb,  Lea 
Constitutions  modemes  (3d  edition,  Paris,  1910),  vol.  ii,  pp.  319-321. 

2  Translation  based  upon  that  in  the  British  and  Foreign  State  Papers,  102 :  pt>.  819- 
833.  French  translation  in  Dareste^  op.  cit.,  pp.  323-343.  English  translation  of  the 
original  Constitution  appears  in  the  British  and  Foreign  State  Paper,  67 :  pp.  683-698. 
German  translation  in  Paul  Posener,  Die  Staatsverfassungen  des  Erdhalls  (Charlotten- 
burg,  1909),  pp.  892-904.  The  above  is  a  translation  of  the  Constitution  as  it  stood 
on  1  May  1912,  according  to  the  "  Official  Almanac "  {Sal  Name)  and  the  "  Offlcia) 
Gazette  "   ( Takvim-i-Vekai) . 

8  As  amended  in  1909. 

*The  ecclesiastical  or  canon  law. 

8  The  sentence  concerning  the  oath  was  added  in  1909. 


TUKKEY.  591 

ment  of  the  Grand  Vizier  and  the  Sheik-ul-Islam ;  the  confirmation 
in  their  offices  of  the  members  of  the  Cabinet  formed  and  proposed 
by  the  Grand  Vizier,  and,  if  need  arise,  the  dismissal  and  replace- 
ment of  ministers  according  to  established  practice;  the  approval 
and  putting  into  force  of  general  laws;  the  drawing  up  of  regula- 
tions concerning  the  working  of  govermnent  departments  and  the 
method  of  administering  the  laws;  the  initiative  in  all  kinds  of 
legislation;  the  maintenance  and  execution  of  the  canon  and  civil 
laws;  the  appointment  of  persons  to  the  privileged  provinces  ac- 
cording to  the  terms  of  their  privileges;  the  command  of  the  mili- 
tary and  naval  forces;  the  declaration  of  war  and  the  making  of 
peace;  the  reduction  and  remission  of  sentences  passed  by  penal 
courts;  the  granting  of  a  general  amnesty  with  the  approval  of 
Parliament;  the  opening  and  closing  of  the  parliamentary  sessions; 
the  summoning  of  Parliament  before  its  time  in  extraordinary  cir- 
cumstances :  the  dissolution  of  the  Chamber  of  Deputies  if  necessary, 
with  the  consent  of  the  Senate,  on  condition  that  the  elections  take 
place  and  the  Chamber  assembles  within  three  months ;  and  the  con- 
clusion of  treaties  in  general. 

Only,  the  consent  of  Parliament  is  required  for  the  conclusion  of 
treaties  which  concern  peace,  commerce,  the  abandonment  or  annexa- 
tion of  territory,  or  the  fundamental  or  personal  rights  of  Ottoman 
subjects,  or  which  involve  expenditure  on  the  part  of  the  State.  In 
case  of  a  change  of  Cabinet  while  Parliament  is  not  sitting,  the 
responsibility  arising  out  of  the  change  rests  upon  the  new  Cabinet. 

The  Public  Rights  of  Ottomans. 

Art.  8.  All  subjects  of  the  Ottoman  Empire,  without  exception, 
are  styled  Ottoman,  whatever  may  be  their  faith  or  creed.  The 
character  of  Ottoman  subjects  can  be  obtained  or  lost  in  the  cases 
specified  by  law. 

Art.  9.  All  Ottomans  enjoy  personal  liberty,  and  they  are  bound 
not  to  interfere  with  the  liberty  of  others. 

Art.  10.^  Personal  liberty  shall  be  absolutely  inviolable.  Except 
for  the  reasons  and  in  the  manner  prescribed  by  the  canon  and  the 
civil  law,  no  one  shall  be  arrested  or  punished  on  any  pretext  what- 
soever. 

Art.  11.  The  religion  of  the  Ottonian  State  shall  be  the  Mussul- 
man religion ;  but,  while  maintaining  this  principle,  the  State  shall 
protect  the  free  exercise  of  all  the  religions  recognized  in  the  Otto- 
man dominions,  and  shall  maintain  as  hitherto  the  religious  privi- 
leges granted  to  the  various  communities,  provided  that  they  do  not 
disturb  public  order  and  are  not  harmful  to  public  morals. 

1  As  amended  in  1909. 


592  co:n'stitutions  of  the  states  at  war. 

Art.  12.^  The  press  shall  be  free  within  the  limits  prescribed  bj 
law.  It  can  not  be  subjected  to  inspection  or  examination  of  any 
kind  before  printing. 

Art.  13.  Ottoman  subjects  shall  be  at  liberty  to  form  companies  o: 
all  kinds  for  commerce,  industry  or  agriculture,  within  the  limits 
prescribed  by  the  laws  and  regulations. 

Art.  14.  One  or  more  persons  of  Ottoman  nationality  shall  hav( 
the  right  to  present  petitions  to  the  proper  authority  with  regarc 
to  breaches  of  the  laws  and  regulations,  whether  their  personal  in 
terestsor  those  of  the  public  be  prejudiced;  they  shall  also  have  th( 
right  to  present  signed  petitions  to  Parliament  complaining  of  th( 
conduct  of  State  officials. 

Art.  15.  There  shall  be  freedom  of  education.  Every  Ottomai 
shall  be  at  liberty  to  attend  any  course  of  instruction,  whether  pub- 
lie  or  private,  so  long  as  he  conforms  to  the  law. 

Art.  16.  All  schools  shall  be  under  the  supervision  of  the  State 
The  necessary  steps  shall  be  taken,  whereby  the  education  of  Ott( 
man  subjects  may  be  unified  and  organized;  but  there  shall  be  no 
interference  with  the  religious  education  of  the  various  communi 
ties. 

Art.  it.  All  Ottomans  shall  be  equal  before  the  law,  and  shall 
have  equal  rights  in,  and  equal  duties  towards,  their  country,  with- 
out prejudice  to  their  religious  affairs. 

Art.  18.  A  knowledge  of  Turkish,  which  is  the  official  language 
of  the  State,  is  essential  to  the  employment  of  an  Ottoman  subjed 
in  the  service  of  the  State. 

Art.  19.  The  government  service  shall  be  open  to  all  Ottomai 
subjects,  according  to  their  capacity  and  ability. 

Art.  20.  Taxes  which  it  has  been  decided  to  levy  shall  be  dis* 
tributed  among  all  Ottoman  subjects  in  accordance  with  the  regu- 
lations od  hoc  and  in  proportion  to  the  taxable  capacity  of  each 
person. 

Art.  21.  To  everyone  shall  be  assured  the  ownership  of  the  real 
and  personal  property  to  which  he  has  a  regular  title.  The  rea] 
property  possessed  by  any  person  can  not  be  taken  unless  the  expro- 
priation is  proved  to  be  necessary  in  the  public  interest  and  th( 
value  of  the  property  is  paid  in  advance  according  to  the  law. 

Art.  22.  The  dwelling-place  and  residence  of  every  person  in  th( 
Ottoman  dominions  shall  be  inviolable.  The  government  may  not 
make  a  forcible  entry  into  any  one's  dwelling-place  or  residence  foi 
any  reason  whatsoever,  except  in  the  cases  laid  down  by  law. 

Art.  23.  No  one  shall  be  bound  to  appear  before  a  court  not  being 
the  competent  court  under  the  law  on  judicial  procedure  which  is  t< 
be  drawn  up. 

I  1  As  amended  in  1909. 


TURKEY.  593 

Art.  24.  The  confiscation  of  property,  forced  labor  and  exactions 
of  money  are  forbidden;  but  there  are  exceptions  in  the  case  of  taxes 
regularly  levied  and  measures  regularly  adopted  in  time  of  war. 

Art.  25.  Except  in  virtue  of  a  law,  no  sum  of  money  shall  be 
levied  as  tax  or  impost,  or  under  any  other  name. 

Art.  26.  Torture  of  every  kind  whatsoever  is  categorically  and 
absolutely  forbidden. 

The  Cabinet. 

Art.  27.^  Just  as  His  Imperial  Majesty  the  Sultan  entrusts  the 
posts  of  Grand  Vizier  and  Sheik-ul-Islam  to  men  in  whom  he  has 
confidence,  so  the  other  ministers,  who  are  approved  and  proposed 
by  the  Grand  Vizier  entrusted  with  the  formation  of  the  Cabinet, 
are  confirmed  in  their  offices  by  imperial  irade. 

Art.  28.  The  Council  of  Ministers  shall  meet  under  the  presidency 
of  the  Grand  Vizier.  It  shall  deal  with  affairs  of  importance,  both 
home  and  foreign.  Such  of  its  decisions  as  need  the  imperial  assent 
shall  be  put  into  force  by  imperial  irade. 

■  Art.  29.  Each  minister  shall  deal,  according  to  practice  and  within 
the  limits  of  his  attributions,  with  affairs  concerning  his  depart- 
ment, and  those  matters  with  which  he  is  not  competent  to  deal  he 
shall  refer  to  the  Grand  Vizier.  In  the  case  of  matters  which  need 
the  imperial  sanction,  those  which  do  not  need  discussion  shall  be 
submitted  directly  to  the  Sultan  by  the  Grand  Vizier;  those  which 
need  discussion  shall  be  submitted  when  they  have  been  discussed 
in  the  Cabinet.  The  Grand  Vizier  shall  also  communicate  the 
decision  of  the  Council  of  Ministers  in  cases  where  the  imperial 
sanction  is  not  necessary.  The  various  classes  and  categories  of 
business  shall  be  determined  by  a  special  law. 

The  Sheik-ul-Islam  shall  communicate  directly  to  the  Sultan 
those  matters  which  do  not  need  discussion.^ 

Art.  30.^  Ministers  shall  be  responsible  to  the  Chamber  of  Depu- 
ties collectively  for  the  general  policy  of  the  government  and  per- 
sonally for  the  affairs  of  their  respective  departments.  Decisions 
which  need  the  imperial  sanction  shall  only  become  valid  if  signed 
by  the  Grand  Vizier  and  the  minister  concerned,  who  thus  accept 
the  responsibility,  and  countersigned  by  the  Sultan.  Decisions 
arrived  at  by  the  Council  of  Ministers  shall  bear  the  signatures  of 
all  the  ministers,  and,  in  cases  where  the  imperial  assent  is  necessary, 
these  signatures  shall  be  headed  by  that  of  His  Imperial  Majesty 
the  Sultan. 


1  As  amended  in   1009. 

2  This  sentence  was  added  in  1909. 


594  CONSTITUTION'S  or  the  states  at  war. 

Art.  31.  If  one  or  more  members  of  the  Chamber  of  Deputies 
wish  to  bring  a  complaint  against  a  minister  with  regard  to  a  mattei 
affecting  his  responsibility  and  coming  within  the  powers  of  th 
Chamber,  a  note  containing  the  complaint  shall  be  handed  to  th( 
president  of  the  Chamber  of  Deputies  to  be  examined  by  the  com 
mittee  appointed,  according  to  the  rules  of  the  Chamber,  to  decide 
whether  such  matters  shall  be  referred  to  the  Chamber  or  not.  Thii 
note  shall  be  sent  to  the  committee  by  the  president  within  threi 
days,  and  the  committee  shall  make  the  necessary  investigations  anc 
obtain  sufficient  explanations  from  the  person  against  whom  th( 
complaint  is  made.  If  the  committee  decides  by  a  majority  tha 
the  complaint  is  a  matter  for  discussion,  its  decision  to  this  effec 
shall  be  read  in  the  Chamber  of  Deputies.  If  necessary,  the  persoi 
complained  of  shall  be  summoned  to  appear,  and  his  explanations 
given  either  by  himself  or  by  his  deputy,  shall  be  heard.  If  th 
decision  is  adopted  by  an  absolute  majority  of  tAvo  thirds  of  tb 
membership  of  the  Chamber,  a  report  asking  for  the  trial  of  the 
person  concerned  shall  be  presented  to  the  Grand  Vizier,  who  wil 
submit  it  for  the  Sultan's  sanction  and  will  transmit  it  to  the  Higl 
Court  in  virtue  of  an  imperial  irade. 

Art.  32.  The  method  of  trying  ministers  who  have  been  indictee 
shall  be  determined  by  a  law  ad  hoc. 

Art.  83.  There  shall  be  no  difference  between  ministers  and  othe 
Ottoman  subjects  with  regard  to  actions  which  only  concern  them 
personally  and  do  not  arise  out  of  their  public  functions.     Such  mat- 
ters shall  be  dealt  with  by  the  ordinary  courts  which  have  jurisdic- 
tion in  such  cases. 

Art.  34.  A  minister  who  has  been  indicted  by  the  Charges  Cham- 
ber of  the  High  Court  shall  be  suspended  until  his  innocence  is  es- 
tablished. 

Art.  35.^  If  a  divergence  of  views  arises  between  the  Cabinet  and 
the  Chamber  of  Deputies,  and  the  Cabinet  persists  in  its  view  while 
the  Chamber  categorically  and  repeatedly  rejects  it,  the  Cabinet  shall 
either  accept  the  Chamber's  decision  or  resign.  In  case  of  resigna- 
tion, if  the  new  Cabinet  persists  in  the  view  held  by  its  predecessor 
and  the  Chamber  again  rejectsit,  giving  its  reasons  for  so  doing.  His 
Imperial  Majesty  the  Sultan  may  dissolve  the  Chamber  on  condition 
that  the  elections  are  begun  according  to  Article  7 ;  but  if  the  new 
Chamber  maintains  and  persists  in  the  view  held  by  its  predecessors, 
the  view  and  decision  of  the  Chamber  must  be  accepted.^ 

Art.  36.^  If,  while  Parliament  is  not  sitting,  there  appears  an 
urgent  necessity  to  guard  the  State  from  harm  or  the  public  safety 
from  danger,  and  the  time  does  not  permit  the  summoning  and  as- 

^  As  amended  in  1909. 

2  The  clause  giving  the  Chamber  the  final  decision  was  added  in  1909. 


TURKEY.  595 

sembly  of  Parliament  for  the  discussion  of  the  necessary  law  on  the 
subject,  decisions  of  the  Council  of  Ministers,  provided  they  are 
not  contrary  to  the  provisions  of  the  Constitution  and  are  sanctioned 
by  imperial  irade,  shall  have  the  force  of  temporary  laws  until 
Parliament  meets  and  gives  a  decision ;  but  they  must  be  submitted 
to  the  Chamber  of  Deputies  at  its  first  sitting. 

Art.  37.  Every  minister  has  the  right  to  be  present  at  a  sitting  of 
either  house  whenever  he  wishes,  or  to  send  one  of  the  chiefs  of  his 
department  to  represent  him.  He  also  has  the  precedence  of  private 
members  in  making  speeches. 

Art.  38.  If  the  Chamber  of  Deputies  decides  by  a  majority  to  sum- 
mon a  minister  in  order  to  ask  for  an  explanation  of  some  matter,  he 
shall  either  appear  in  person  or  send  one  of  the  chiefs  of  his  depart- 
ment and  make  answer  to  the  questions  asked;  or  if  he  thinks  it 
necessary,  he  has  the  right  to  ask,  on  his  own  responsibility,  that  his 
reply  may  be  postponed. 

If,  as  the  result  of  an  interpellation,  the  Chamber  of  Deputies 
passes  a  vote  of  no  confidence  by  a  majority,  the  minister  falls.  If  a 
vote  of  no  confidence  is  passed  on  the  Premier,  the  whole  Cabinet 
falls.  1 

Public  Officials. 

Art.  39.  All  public  officials  shall  be  selected  for  posts  for  which 
they  are  qualified  by  capacity  and  merit,  according  to  conditions  to 
be  laid  down  by  law.  Officials  thus  selected  can  only  be  dismissed 
or  changed,  if  it  is  proved  that  their  conduct  gives  legal  justification 
for  their  dismissal,  if  they  resign,  or  if  the  government  thinks  such 
a  course  necessary.  Officials  of  good  conduct  and  probity  and  those 
whom  the  government  is  compelled  for  some  reason  to  put  en  dis- 
ponihilite  shall  obtain  promotion  or  pensions  or  an  allowance  as  en 
disponihilite  on  conditions  to  be  laid  down  by  law. 

Art.  40.  The  attributions  of  every  post  shall  be  laid  down  by  spe- 
cial regulation,  and  every  official  shall  be  responsible  within  the 
limits  of  his  attributions. 

Art.  41.  Every  official  must  respect  his  superior ;  but  his  obedience 
is  confined  within  the  limits  laid  down  by  law.  In  matters  which 
are  contrary  to  the  law,  obedience  to  a  superior  does  not  absolve  from 
responsibility. 

Parliament. 

Art.  42.  Parliament  shall  consist  of  two  distinct  bodies:  the  Sen- 
ate and  the  Chamber  of  Deputies. 

Art.  43.2  Both  houses  of  Parliament  shall  meet  without  being 
summoned  on  1  November  [old  style]  of  every  year.    They  shall  be 

iThis  pai-agraph  was  added  In  1909. 
2  As  amended  in  1909. 


596  CONSTITUTIONS  OF   THE   STATES   AT   WAR. 

opened  by  imperial  irade,  and  closed  again  by  irade  on  1  May  [old 
style] .  Neither  of  the  houses  can  meet  while  the  other  is  not  sitting. 
Art.  44.1  jf  j^g^^j  arises,  His  Imperial  Majesty  the  Sultan  may 
open  Parliament  before  the  specified  time,  either  on  his  own  initia- 
tive or  on  application  from  an  absolute  majority  of  the  members. 
He  may  also  prolong  the  session,  either  in  virtue  of  a  decision  of 
Parliament  or  on  his  own  initiative. 

Aet.  45.  On  the  day  of  the  opening  of  Parliament  the  opening 
ceremony  shall  take  place  before  His  Imperial  Majesty  the  Sultan 
or  the  Grand  Vizier  as  his  representative,  and  in  the  presence  of  the 
Cabinet  and  of  the  members  of  both  houses.  An  imperial  speech 
shall  be  read  concerning  home  affairs  and  foreign  relations  during 
the  past  year,  and  the  measures  it  is  considered  necessary  to  adopt 
during  the  coming  year. 

Art.  46.  Persons  elected  or  nominated  members  of  one  of  the 
houses  of  Parliament  shall  swear  to  be  loyal  to  His  Imperial  Ma- 
jesty the  Sultan  and  their  country,  to  be  faithful  to  the  provisions 
of  the  Constitution  and  to  the  mandate  given  them,  and  to  refrain 
from  any  act  incompatible  with  their  duties. 

The  oath  shall  be  taken  on  the  day  of  opening  in  the  presence 
of  the  Grand  Yizier.  Those  who  are  absent  on  that  day  shall  take  the 
oath  in  the  presence  of  their  respective  presidents  when  the  house  to 
which  they  belong  meets. 

Art.  47.  Members  of  Parliament  shall  be  free  in  the  recording  of 
their  votes  and  the  expression  of  their  views.  No  member  shall  be 
bound  by  any  kind  of  promise,  threat  or  instructions,  and  no  charge 
shall  be  brought  against  a  member  for  any  vote  he  may  have  given 
or  any  opinion  he  may  have  expressed  during  a  debate  in  the  house, 
unless  he  has  acted  in  violation  of  the  rules  of  the  house;  in  which 
case  he  shall  be  dealt  with  according  to  the  provisions  of  the  said 
rules. 

Art.  48.  If  a  member  of  Parliament  is  accused,  by  an  absolute 
majority  of  tw^o  thirds  of  the  members  of  the  house  to  which  he 
belongs,  of  treason,  of  attempting  to  abolish  or  overthrow  the  Con- 
stitution, or  of  corruption,  or  is  sentenced  by  law  to  a  penalty  which 
entails  imprisonment  or  exile,  he  shall  lose  his  seat  as  member  of 
Parliament,  and  the  case  shall  be  heard  and  the  penalty  inflicted 
by  the  competent  court. 

Art.  49.  Every  member  of  Parliament  shall  record  his  vote 
person.  Every  member  has  the  right  to  abstain  from  recording 
vote  for  the  rejection  or  acceptance  of  any  matter  which  comes 
for  discussion. 

Art.  50.  No  person  shall  be  a  member  of  both  houses  of  Parli^ 
ment  at  the  same  time. 

1  As  amended  in  1909. 


TURKEY.  597 

Art.  51.  No  debate  shall  be  begun  in  either  house,  unless  half  the 

embers  plus  one  are  present.    All  resolutions  shall  be  passed  by  an 

bsolute  majority  of  the  members  present,  except  in  cases  for  which 
two  thirds  majority  is  required.  When  the  votes  are  equally 
divided,  the  president  shall  have  a  casting  vote. 

Art.  52.  If  anyone  presents  to  either  house  or  to  both  houses  of 
Parliament  a  petition  concerning  his  personal  affairs,  and  it  is 
Bstablished  that  the  petitioner  did  not  first  apply  to  the  competent 
State  officials  or  to  the  authority  to  which  those  officials  are  sub- 
ordinate, the  petition  shall  be  rejected. 

Art.  53.^  Every  minister,  senator  or  deputy  has  the  right  to  pro- 
pose that  a  new  law  be  drawn  up  or  an  existing  law  amended.  Each 
house  sends  to  the  other  the  bills  it  has  drawn  up  or  amended,  and, 
after  acceptance,  they  are  submitted  for  the  imperial  sanction. 

Art.  54.^  Bills  become  law  after  being  examined  and  accepted  by 
he  Chamber  of  Deputies  and  the  Senate,  and  sanctioned  by  imperial 
irade.  Bills  submitted  for  the  imperial  sanction  must  either  receive 
i^hat  sanction  within  two  months  or  be  returned  for  reexamination, 
[f  a  bill  sent  back  to  be  discussed  again  is  to  be  accepted,  it  must  be 
v^oted  by  a  two-thirds  majority.  Bills  which  are  voted  urgent  must 
either  be  sanctioned  or  be  returned  within  ten  days. 

Art.  55.  A  bill  can  not  be  accepted,  unless  it  has  been  read  and 
roted  by  a  majority,  clause  by  clause,  and  afterwards  again  voted  as 
1  whole,  successively  by  the  Chamber  of  Deputies  and  the  Senate. 

Art.  56.  Neither  house  can  admit,  or  hear  the  explanations  of  any- 
one who  is  not  a  minister,  or  a  representative  sent  by  the  Cabinet,  or 
3ne  of  their  own  members,  or  a  public  functionary  summoned 
officially,  whether  he  come  to  make  a  communication  in  his  own  name 
or  as  the  representative  of  a  group  of  individuals. 

Art.  57.  Debates  in  both  houses  shall  be  conducted  in  Turkish. 
C;!opies  of  the  bills  to  be  discussed  shall  be  printed  and  distributed 
:o  members  before  the  day  fixed  for  the  debate. 

Art.  58.  In  both  houses  the  votes  shall  be  recorded  by  calling  the 
oil,  by  making  some  particular  sign,  or  by  secret  ballot.  For  the 
oting  to  be  by  secret  ballot,  a  decision  in  that  sense  by  a  majority 
)f  the  members  present  is  required. 

Art.  59.  The  internal  discipline  of  each  house  shall  be  under  the 
control  of  the  president  of  that  house. 

The  Senate. 

Art.  60.  The  president  and  the  members  of  the  Senate  shall  be  di- 
cectly  nominated  by  the  Sultan.    The  number  of  senators  shall  not 

^  A«  amended  in  1909. 


598  CONSTITUTIONS  OF   THE   STATES  AT  WAE. 

exceed  one  third  of  the  number  of  the  members  of  the  Chamber  oi 
Deputies. 

Art.  61.  To  be  nominated  senator,  it  is  necessary  to  be  not  less  thai 
40  years  of  age,  and  to  have  shown  oneself,  by  one's  acts  and  deeds, 
worthy  of  the  trust  and  confidence  of  the  public,  and  to  be  renowne( 
for  laudable  service  in  State  affairs. 

Art.  62.  Membership  of  the  Senate  is  for  life.  This  dignity  may 
be  conferred  on  persons  en  disponibilite  who  have  filled  the  post  o] 
Cabinet  minister,  governor-general  (vali),  commander  of  an  armj 
corps  (ordu  fnushiri),  superior  judge  (kazi  asker),  ambassador  oi 
minister  plenipotentiary,  patriarch  or  chief  rabbi;  on  generals  o: 
division  and  vice-admirals ;  and  in  general  on  any  suitable  persons  pos- 
sessing the  necessary  qualifications.  A  senator  shall  lose  his  seat  ii 
the  Senate  on  being  appointed  to  another  post  by  the  State  at  his 
own  request. 

Art.  63.  The  salary  of  a  senator  is  fixed  at  10,000  piastres  a  month. 
If  a  senator  is  in  receipt  of  a  salary  or  an  allowance  from  the  Treas^ 
ury  under  some  other  head,  if  that  salary  or  allowance  is  less  than 
10,000  piastres,  it  shall  be  increased  to  10,000;  while  if  it  equal  t( 
or  more  than  10,000,  the  senator  retains  it. 

Art.  64.  The  Senate  examines  the  budgets  ^  sent  up  by  the  Cham- 
ber of  Deputies,  and  if  they  be  found  to  contain  anything  fun- 
damentally opposed  to  religion,  to  the  imperial  rights  of  His  Im- 
perial Majesty  the  Sultan,  to  liberty,  to  the  provisions  of  the  Con- 
stitution, to  the  territorial  integrity  of  the  Ottoman  Empire,  to  the 
internal  security  of  the  country,  to  the  means  of  national  defense  an( 
protection,  or  to  public  morals,  the  Senate  either  rejects  them  alto- 
gether, giving  its  reasons  for  so  doing,  or  returns  them  to  the  Cham- 
ber of  Deputies,  with  observations,  to  be  modified  or  amended.  The 
bills  it  accepts  it  shall  confirm  and  submit  to  the  Grand  Vizierate. 
The  Senate  shall  examine  the  petitions  presented  to  it,  and,  if  i1 
thinks  necessary,  shall  transmit  them  to  the  Grand  Vizierate,  with 
observations. 

The  Chamber  or  Deputies. 

Art.  65.  The  number  of  deputies  is  fixed  at  1  for  every  50,000  male 
Ottoman  subjects. 

Art.  66.  The  elections  shall  take  place  by  secret  ballot.  The 
method  of  election  shall  be  laid  down  by  a  law  ad  hoc. 

Art.  67.  The  mandate  of  deputy  is  incompatible  with  public  func- 
tions, except  those  of  minister.  If  any  other  public  ofiicial  is  electee 
deputy,  his  acceptance  or  rejection  of  the  office  depends  on  himself; 
but,  if  he  accepts,  he  must  resign  his  position  as  a  public  official. 

1  Sic,  but  evidently  refers  to  all  bills. 


TURKEY.  599 

Art.  68.  The  following  may  not  be  elected  to  the  Chamber  of 
Deputies : 

1.  Those  who  are  not  Ottoman  subjects. 

2.  Those  who,  in  virtue  of  the  special  law  on  the  subject,  enjoy 
privileges  as  being  temporarily  in  foreign  service. 

3.  Those  who  do  not  know  Turkish. 

4.  Those  under  the  age  of  35. 
0.  Those  who  are  in  the  service  of  a  private  person  at  the  time  of 

the  election. 

6.  Those  who  have  been  declared  bankrupt  and  have  not  been 
rehabilitated. 

7.  Those  who  are  notorious  for  their  evil  ways. 

8.  Those  who  have  been  placed  under  a  judicial  injunction,  un- 
ess  the  injunction  has  been  removed. 

9.  Those  who  have  lost  their  civil  rights. 

10.  Those  who  lay  claim  to  a  foreign  nationality. 
In  the  elections  which  take  place  4  years  later,  a  knowledge  of  how 

bo  read  Turkish,  and,  as  far  as  possible,  to  write  it,  shall  also  be  a 
condition  of  eligibility  for  election. 

Art.  69.  The  general  election  for  the  Chamber  of  Deputies  shall 
;ake  place  once  every  4  years.  The  mandate  of  every  deputy  is  for 
t  years  only ;  but  he  may  be  reelected. 

Art.  to.  The  general  election  shall  begin  at  least  four  months 
Defore  the  date  fixed  for  the  first  sitting  of  the  Chamber,  that  is, 
L  November. 

Art.  71.  Every  member  of  the  Chamber  of  Deputies  is  the  repre- 
entative,  not  exclusively  of  the  constituency  which  has  elected  him, 
)ut  of  all  the  Ottomans. 

Art.  72.  Electors  are  bound  to  choose  their  deputies  from  among 
,he  population  of  the  province  to  which  they  belong. 

Art.  73.  If  the  Chamber  of  Deputies  is  dissolved  by  imperial 
rade,  the  general  election  shall  be  begun  so  as  to  allow  of  the  meet- 
ng  of  the  Chamber  within  six  months  at  most  from  the  date  of  the 
lissolution. 

Art.  74.  If  a  member  of  the  Chamber  of  Deputies  dies,  or  suf- 
ers  from  some  lawful  impediment,  or  absents  himself  from  the 
Chamber  for  a  long  period,  or  resigns,  or  loses  his  seat  by  reason  of 
he  sentence  of  a  court  of  law  or  of  an  appointment  to  a  government 
)Ost,  another  shall  be  elected  in  his  place  according  to  practice,  so 
hat  he  may  sit  at  the  latest  in  the  next  session. 

Art.  75.  The  mandate  of  a  deputy  elected  to  fill  a  vacant  seat 
nly  remains  in  force  until  the  next  general  election. 

Art.  76.^  Every  deputy  shall  receive  30,000  piastres  from  the 
Treasury  for  each  session,  and  traveling  expenses  both  ways  ac- 

^  As  amended  in  1909. 


600  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

cording  to  the  law  on  civil  servants,  and  calculated  on  a  salary  oi 
5,000  piastres  a  month.     If  the  session  is  prolonged  beyond  the  dal 
specified  by  law,  they  shall  receive  a  supplementary  allowance  oi 
5,000  piastres  a  month. 

Aet.  77.  Every  session  the  Chamber  of  Deputies  shall  elect 
president  and  two  vice-presidents  by  a  majority,  and  their  electioi 
shall  be  submitted  to  His  Imperial  Majesty  the  Sultan. 

Art.  78.  The  debates  of  the  Chamber  of  Deputies  shall  be  pub- 
lic; but  if  the  Cabinet  or  15  deputies  propose  that  the  debate  oi 
some  important  matter  shall  be  secret,  the  place  in  which  the  Cham-s 
ber  is  sitting  ghall  be  cleared  of  all  persons  except  the  deputies,  an( 
the  question  of  accepting  or  rejecting  the  proposal  shall  be  sub-i 
mitted  to  a  majority  vote. 

Art.  79.  While  the  Chamber  is  sitting,  no  deputy  shall  be  arrestee 
or  tried,  except  when  taken  in  flagrante  delicto^  unless  the  Chambei 
decides  by  a  majority  that  there  is  good  ground  for  the  charge. 

Art.  80.^  The  general  expenditure  of  the  State  shall  be  examinee 
in  detail  in  the  Chamber  of  Deputies,  in  accordance  with  the  budget 
law,  and  the  total  shall  be  voted  by  the  Chamber  in  the  presence  oi 
the  Cabinet.  The  nature  and  the  amount  of  the  revenues  by  whicl 
the  expenditure  is  to  be  met,  and  the  distribution  of  and  method  oi 
levying  the  same,  shall  likewise  be  decided  upon  in  the  presence  oi 
the  Cabinet. 

Courts  of  Law. 

Art.  81.  Judges  appointed  by  the  State  in  accordance  with  the 
law  ad  hoc  and  furnished  with  commissions  (herat)  are  irremovable; 
but  they  may  resign.  The  promotion  of  judges,  their  career,  replace- 
ment, retirement  on  a  pension,  and  dismissal  in  consequence  of  a  con-i 
demnation  for  a  criminal  offense  are  also  subject  to  the  provisions 
of  the  law  ad  hoc.  This  law  also  specifies  the  qualifications  neces- 
sary in  the  case  of  judges  and  other  judicial  officials. 

Art.  82.  The  hearings  of  cases  of  all  kinds  in  the  courts  are  public 
and  the  sentences  may  be  published.  But  a  court  may  hold  a  secret 
sitting  for  any  one  of  the  reasons  clearly  laid  down  by  law. 

Art.  83.  Every  person  may  use  any  lawful  means  he  thinks  neces^ 
sary  in  defending  his  rights  in  court. 

Art.  84.  A  court  may  not  refuse,  on  any  pretext  whatsoever,  t( 
hear  a  case  which  comes  under  its  jurisdiction;  and  when  once  th( 
hearing,  or  the  preliminary  investigations  necessary  for  the  hear- 
ing, have  begun,  the  case  may  not  be  postponed  or  hindered,  unless? 
the  plaintiff  withdraws  his  action;  and  even  then,  if  the  case  is  penal,' 

1  As  amended  in  1909. 


TURKEY.  (301 

the  government  shall  continue  to  exercise  its  riglits  according  to  the 
law. 

Art.  85.  Every  action  shall  be  heard  by  the  court  to  whose  juris- 
. diction  it  belongs.  Actions  between  private  persons  and  the  gov^ 
ernment  shall  also  be  within  the  jurisdiction  of  the  ordinary  courts. 

Art.  86.  The  courts  shall  be  free  from  interference  of  any  kind. 

Art.  87.  Matters  concerning  the  Sheri  shall  be  heard  in  the  Sheri 
courts;  those  concerning  the  Nizam  ^  in  the  civil  courts. 

Art.  88.  The  various  classes  of  courts,  their  duties,  jurisdiction 
and  divisions,  and  the  emoluments  of  the  judges  are  laid  down  by 
law. 

Art.  89.  Apart  from  the  courts  sanctioned  by  law,  no  extraordi- 
nary court  may  be  formed,  nor  any  commission  having  a  right  to 
pass  sentence,  under  any  name  whatsoever,  with  the  object  of  hearing 
certain  special  matters  and  giving  judgment.  But  where  the  law 
appoints,  the  nomination  of  a  judge-delegate  (muvella)  or  an  arbi- 
trator is  lawful. 

Art.  90.  No  judge  may  occupy  any  other  paid  government  post 
simultaneously  with  his  judgeship. 

Art.  91.  In  penal  affairs  the  rights  of  the  public  shall  be  pro- 
tected by  public  prosecutors.  The  duties  and  grades  of  these  public 
prosecutors  shall  be  laid  down  by  law. 

The  High  Court. 

Art.  92.  The  High  Court  shall  consist  of  30  members,  of  whom  10 
each  shall  be  chosen  and  appointed  by  lot  from  the  Senate,  the 
Council  of  State,  and  the  presidents  and  members  of  the  Court  of 
Cassation  and  the  Court  of  Appeal. 

The  High  Court  shall  be  summoned  by  imperial  irade  when 
necessity  arises,  and  shall  sit  in  the  Senate.  Its  attributions  shall  be 
to  try  ministers,  presidents  or  members  of  the  Court  of  Cassation  or 
the  Court  of  Appeal,  and  any  persons  who  commit  treason  against 
the  sovereign  or  endanger  the  State. 

Art.  93.  The  High  Court  shall  be  divided  into  two  parts:  the 
Charges  Chamber  and  the  Chamber  of  Judgment.  The  former  shall 
consist  of  9  members,  3  each  being  chosen  by  lot  from  those  ap- 
pointed to  the  High  Court  from  the  Senate,  the  Council  of  State,  and 
"Jie  Court  of  Cassation  and  Court  of  Appeal,  respectively. 

Art.  94.  The  Charges  Chamber  shall  decide  by  a  two-thirds  ma- 
jority whether  the  persons  against  whom  complaint  is  made,  shall 
oe  put  on  their  trial  or  not.  Members  of  the  Charges  Chamber  shall 
lot  form  part  of  the  Chamber  of  Judgment. 

» The  civil  law. 
88381—19 39 


602  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

Art.  95.  The  Chamber  of  Judgment  shall  be  composed  of  21  mem- 
l)ers  of  the  High  Court,  7  being  chosen  from  the  Senate,  7  from  the 
Court  of  Cassation  and  the  Court  of  Appeal,  and  7  from  the  Council 
of  State.  It  shall  pass  judgment,  by  a  majority  of  two  thirds  of  its 
membership,  and  in  accordance  with  the  laws  in  force,  on  cases 
which  the  Charges  Chamber  agree  should  be  tried.  Its  decisions  are 
subject  neither  to  appeal  nor  to  cassation. 

Financial  Affairs. 

Art.  96.  No  government  tax  may  be  imposed,  distributed  or  col- 
lected, except  by  virtue  of  a  law. 

Art.  97.  The  State  budget  is  a  law  setting  forth  the  approximate 
revenue  and  expenditure.  It  is  on  this  law  that  the  imposition,  dis- 
tribution and  collection  of  the  State  taxes  depend. 

Art.  98.  The  budget,  that  is,  the  public  balance-sheet,  shall  be  ex- 
amined and  voted  by  Parliament  clause  by  clause.  The  accompany- 
ing tables,  showing  in  detail  the  estimated  revenue  and  expenditure, 
shall  be  divided  into  sections,  chapters  and  articles,  in  accordance 
with  the  model  laid  down  by  law ;  and  these  also  shall  be  discusse( 
chapter  by  chapter. 

Art.  99.  The  budget  shall  be  submitted  to  the  Chamber  of  Depu- 
ties immediately  after  the  opening  of  the  Chamber,  in  order  that  ij 
may  come  into  force  at  the  beginning  of  the  year  to  which  it  applies. 

Art.  100.  No  expenditure  from  public  funds  may  be  incurred, 
apart  from  the  budget,  except  in  cases  specified  by  a  special  law. 

Art.  101.  If,  while  Parliament  is  not  sitting,  it  appears  urgently 
necessary  to  incur  supplementary  expenditure  on  pressing  and  ex- 
traordinary grounds,  the  sums  required  to  meet  that  expenditun 
may  be  obtained  and  spent  in  virtue  of  an  imperial  irade,  on  condij 
tion  that  the  Cabinet  accepts  the  responsibility,  and  that  a  bill  oi 
the  subject  is  submitted  to  Parliament  as  soon  as  it  meets.  , 

Art.  102.  The  budget  shall  remain  in  force  for  one  year ;  it  shall 
have  no  effect  apart  from  that  year.  But  if,  owing  to  extraordinai 
circumstances,  the  Chamber  of  Deputies  is  dissolved  without  having 
passed  the  budget,  the  Cabinet,  in  virtue  of  an  imperial  irade,  shal 
prolong  the  application  of  the  budget  of  the  past  year  until  the  ne] 
parliamentary  session,  provided  that  the  extension  shall  not  excee( 
one  year. 

Art.  103.  The  final  account  law  shall  show  the  actual  amount  oi 
the  sums  obtained  in  revenue  for  the  year  to  which  it  applies,  an< 
of  the  expenditure  for  that  year.    In  form  and  in  divisions  it  shall 
be  in  complete  accordance  with  the  budget  law. 

Art.  104.  The  bill  of  the  final  account  law  shall  be  submitted  to 
Parliament  within  4  years  at  most  from  the  end  of  the  year  to  which 
it  applies. 


TURKEY.  603 

Art.  105.  A  Board  of  Accounts  shall  be  formed  to  examine  the  ac- 
counts of  those  who  are  appointed  to  collect  and  expend  public  money, 
and  to  inspect  the  annual  accounts  drawn  up  by  the  various  public 
departments.  Every  year  it  shall  communicate  the  result  of  its  in- 
spection with  its  conclusions  to  the  Chamber  of  Deputies  in  a  special 
report.  This  Board  shall  also  submit  a  report  on  the  financial  situa- 
tion to  His  Imperial  Majesty  the  Sultan  every  three  months  through 
the  intermediary  of  the  Grand  Vizier. 

Art.  106.  The  Board  of  Accounts  shall  consist  of  12  members  ap- 
pointed by  imperial  irade.  They  shall  hold  office  for  life,  unless  their 
dismissal  is  approved  by  a  majority  of  the  Chamber  of  Deputies. 

Art.  107  The  qualifications  required  by  members  of  the  Board  of 
Accounts,  the  details  of  their  attributions,  the  rules  governing  their 
resignation,  replacement,  advancement  and  retirement  on  a  pension, 
and  the  organization  of  the  offices  of  the  Board,  shall  be  defined  by 
a  law  ad  hoc. 

The  Provinces. 

Art.  108.  The  administration  of  the  provinces  shall  be  founded  on 
the  principles  of  decentralization  and  division  of  duties.  The  de- 
tails shall  be  settled  by  a  law  ad  hoc. 

Art.  109.  The  method  of  election  of  members  of  the  administra- 
tive councils  of  provinces  {vilayets)^  sanjaks  and  kazas^  and' of  the 
general  assemblies,  which  meet  once  a  year  in  the  chief  town  of  each 
province,  shall  be  laid  down  on  wider  lines  by  a  law  ad  hoc. 

Art.  110.  The  attributions  of  the  provincial  general  assemblies 
shall  be  defined  in  the  law  that  is  to  be  drawn  up  ad  hoc.  They  shall 
include  the  right  to  discuss  matters  concerning  public  works,  such 
as  the  making  of  roads  and  bridges,  the  organization  of  credit  banks, 
the  promotion  of  industries,  commerce  and  agriculture,  and  the  dis- 
semination of  public  education ;  the  right  to  complain  to  the  proper 
authority  in  order  to  demand  redress  with  regard  to  anything  con- 
trary to  the  laws  and  regulations  in  force  which  occurs  in  the  dis- 
tribution or  collection  of  taxes  or  in  any  other  connection. 

Art.  111.  In  every  kaza  a  council  shall  be  formed  in  connection 
with  each  community.  The  duty  of  this  council  shall  be  to  superin- 
tend: 

1.  The  administration  of  the  income  derived  from  vakf^  real 
property  and  money,  according  to  the  terms  of  the  vakf ,  or  to  ancient 
usage. 

2.  The  allotment  of  money  or  personal  property  left  by  will  for 
works  of  charity  or  philanthropy,  according  to  the  terms  of  the  will. 

3.  The  administration  of  the  money  and  personal  property  of 
orphans,  in  accordance  with  the  regulations  ad  hoc. 

1  Pious  foundations. 


604  CONSTITUTIONS  OF   THE   STATES  AT  WAE. 

These  councils  shall  be  composed  of  members  elected  by  each  com- 
munity, in  accordance  with  the  regulations  to  be  drawn  up  ad  hoc. 

The  said  councils  shall  be  under  the  local  government  and  the 
provincial  general  councils. 

Art.  112.  Municipal  affairs  shall  be  administered,  at  Constanti- 
nople and  in  the  provinces,  by  elected  municipal  councils.  The 
organization  of  these  councils,  their  attributions  and  the  method  of 
electing  their  members  shall  be  defined  in  a  law  ad  hoc. 

Miscellaneous  Provisions. 

Art.  113.  If  there  appear  strong  indications  and  signs  that  a  dis- 
turbance will  break  out  in  some  parts  of  the  Empire,  the  imperial 
government  has  the  right  to  proclaim  martial  law^  temporarily  in 
that  place. 

Martial  law  consists  in  a  temporary  suspension  of  the  civil  laws 
and' regulations,  and  the  form  of  administration  of  the  district  under 
martial  law  shall  be  determined  by  special  regulation. 

His  Imperial  Majesty  the  Sultan  has  the  exclusive  power  to  expel 
from  the  territory  of  the  Empire  those  who,  as  a  result  of  credible 
information  gathered  by  the  police  administration,  are  recognized  as 
a  danger  to  the  State. 

Art.  114.  Elementary  education  shall  be  compulsory  for  all  Otto- 
mans.   The  details  shall  be  settled  by  a  law  ad  hoc. 

Art.  115.  No  article*  of  the  Constitution  shall  be  suspended  or  sup- 
pressed for  any  reason  or  any  pretext  whatsoever. 

Art.  116.  If  it  is  seen  to  be  absolutely  necessary  that  certain  pro- 
visions of  the  Constitution  should  be  changed  or  amended  in  accord- 
ance with  circumstances  or  the  needs  of  the  time,  the  amendments 
may  be  made  on  the  following  conditions: 

Any  amendment  proposed  by  the  Cabinet,  the  Senate  or  the  Cham- 
ber of  Deputies  shall  first  of  all  be  voted  by  a  two-thirds  majority 
of  the  members  composing  the  Chamber  of  Deputies;  and  if  this 
vote  is  confirmed  by  a  two-thirds  majority  of  the  Senate  and  sanc- 
tioned by  imperial  irade,  the  amendment  becomes  law. 

Any  article  of  the  Constitution  which  it  is  proposed  to  amend  shall 
remain  in  full  force  until  the  above-mentioned  debates  have  taken 
place  and  the  imperial  irade  has  been  issued. 

Art.  117.  The  interpretation  of  laws  belongs : 

To  the  Court  of  Cassation,  in  the  case  of  civil  and  penal  laws. 
To  the  Council  of  State,  in  the  case  of  civil  administration. 
And  to  the  Senate,  when  it  is  a  question  of  the  Constitution. 

Art.  118.^  The  existing  laws,  regulations,  usages  and  customs  shall 
remain  in  force  unless  modified  or  abolished  by  new  laws  or  regula- 

1  As  amended  in  1909. 


TURKEY.  605 

tions.  In  drawing  up  laws  and  regulations  care  shall  be  taken  to 
base  them  upon  the  provisions  of  the  canon  and  civil  laws  and  upon 
public  morals  and  customs,  in  accordance  with  the  dictates  of  human- 
ity and  the  needs  of  the  time. 

Art.  119.^  Documents  and  letters  entrusted  to  the  post  shall  not 
be  opened  without  a  decision  of  a  mustantik  (juge  cf instruction) 
or  of  a  court  of  law. 

Art.  120.^  Ottomans  enjoy  the  right  of  assembly,  on  the  condition 
that  they  obey  the  law  on  the  subject. 

Those  societies  are  forbidden  which  aim  at  injuring  the  territorial 
integrity  of  the  Ottoman  Empire,  changing  the  form  of  the  Consti- 
tution or  of  the  government,  acting  contrary  to  the  provisions  of  the 
Constitution,  or  bringing  about  a  separation  between  the  various 
Ottoman  elements,  or  which  are  contrary  to  public  morals. 

The  formation  of  secret  societies  in  general  is  also  forbidden. 

Art.  121.^  The  debates  in  the  Senate  shall  be  public;  but  if  the 
Cabinet  or  5  Senators  propose  that  the  debate  on  some  important 
matter  shall  be  secret,  the  place  in  which  the  Senate  is  sitting  shall 
be  cleared  of  all  persons  except  the  senators,  and  the  question  of 
accepting  or  rejecting  the  proposal  shall  be  submitted  to  a  majority 
vote. 

1  These  three  articles,  added  to  the  ConstituUon  in  1909,  shall  eventually  be  placed 
tn  the  special  division  to  which  they  belong. 


UNITED  STATES  OF  AMERICA. 

Before  ITTG  the  13  British  colonies  of  Xorth  America,  namely, 
New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina  and  Georgia,  had  obtained  an  im- 
portant share  in  their  own  government.  Rhode  Island  and  Con- 
necticut under  their  charters  Avere  practically  independent.  The 
other  colonies  were  governed  by  a  governor  and  council,^  appointed 
by  the  English  Crown,  and  an  assembly  chosen  by  the  people.  These 
colonies  had  what  we  call  representative  government  in  the  present 
British  colonial  system,  but  through  the  increasing  powers  of  the  as- 
semblies after  ITOO  they  were  rapidly  approaching  the  system  of 
responsible  government.  The  development  of  self-government  was 
suspended  by  the  reactionary  British  policy  after  1763  and  on  4  July 
1776  the  colonies  took  the  decisive  step  of  declaring  themselves 
independent. 

,  Some  union  of  the  colonies  was  necessary  for  the  conduct  of  the 
war  with  Great  Britain,  and  united  action  was  obtained  by  means 
of  congresses  to  which  the  several  colonies  sent  delegates.  The  Ar- 
ticles of  Confederation,  adopted  in  1781,  for  the  first  time  embodied 
in  a  written  instrument  an  agreement  of  union  between  the  previously 
independent  States.  The  Articles  of  Confederation  were  unsatis- 
factory in  that  they  did  not  give  sufficient  power  to  the  central  gov- 
ernment, and  efforts  to  amend  them  failed  because  of  the  require- 
ment that  all  States  agree  upon  an  amendment. 

In  pursuance  of  a  recommendation  of  a  convention  of  5  States 
which  met  at  Annapolis,  11  September  1786,  delegates  of  12  States 
met  in  convention  at  Philadelphia  in  May,  1787.  This  convention 
drafted  a  Constitution,  which  was  finally  ratified  by  all  of  the  13 
States.  ;^Government  under  this  Constitution  was  organized  in  April, 
1789.  Since  its  adoption  the  Constitution  has  received  18  amend- 
ments ;  the  text  of  the  amendments  is  given  after  that  of  the  original 
Constitution.^ 

iThe  council  was  both  a  legislative  and  an  executive  body,  except  in  Pennsylvania, 
where  it  was  denied  legislative  power ;  in  Pennsylvania  and  Maryland  appointments 
were  made  by  proprietors  rather  than  by  the  Crown ;  in  Massachusetts  the  members  of 
the  council  were  elected  by  the  general  court  of  the  colony. 

2  These  introductory  paragraphs  are  based  upon  W.  F.  Dodd,  Modern  Constitutions 
(Chicago,  1909),  vol.  ii,  p.  291. 

607 


608  CONSTITUTIONS  OF   THE   STATES   AT   WAR. 

CONSTITUTION  OF  17  SEPTEMBER  1787.^ 

[Preamble.] 

We  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquillity,  provide  for  th( 
common  defense,  promote  the  general  welfare  and  secure  the  bless- 
ings of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  estab 
lish  this  Constitution  for  the  United  States  of  America. 

Article  I. 

Section  1.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
a  House  of  Kepresentatives. 

Sect.  2.  The  House  of  Representatives  shall  be  composed  of  mem- 
bers chosen  every  second  year  by  the  people  of  the  several  States,  and 
the  electors  in  each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State  legislature.- 

No  person  shall  be  a  representative  who  shall  not  have  attained  to 
the  age  of  25  years,  and  been  7  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according 
to  their  respective  numbers,  which  shall  be  determined  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed;^  three  fifths  of 
all  other  persons.^  The  actual  enumeration  shall  be  made  within 
three  years  after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term  of  10  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  representatives  shall  not 
exceed  1  for  every  30,000,  but  each  State  shall  have  at  least  1  repre- 
sentative; and  until  such  enumeration  shall  be  made,  the  State  of 
New  Hampshire  shall  be  entitled  to  choose  3,  Massachusetts  8,  Rhode 
Island  and  Providence  Plantations  1,  Connecticut  5,  New  York  6, 

1  This  is  ttie  date  upon  wtiich  the  Constitution  was  agreed  upon  by  the  Constitutional 
Convention  ;  according  to  the  terms  of  the  Constitution  it  became  effective  on  21  Tune 
1788,  after  ratification  by  9  States,  The  date  set  by  Congress  for  proceedings  to  begin 
under  the  Constitution  was  4  March  1789,  but  the  government  was  actually  not  organized 
until  April  of  that  year.  French  translation  of  this  Constitution  and  its  subsequent 
amendments  up  to  the  15th  in  F.  R.  Dareste  et  P.  Dareste,  Les  Constitutiotis  modernes 
(3d  edition,  Paris,  1910),  vol.  ii,  pp.  396-421. 

^  The  conditions  required  to  be  elector  vary  in  the  different  States.  The  length  of  resi- 
dence required  varies  from  3  months  to  a  year.  Some  States  require  the  elector  merely  to 
pay  a  tax;  many  require  an  ability  to  read  and  write,  or  to  read  only.  The  age  required 
is  21  years  in  all  the  States. 

3  The  first  sentence  of  this  paragraph  was  amended  by  the  second  section  of  the  four- 
teenth amendment  (below,  p.  621). 


UNITED  STATES.  609 

New  Jersey  4,  Pennsylvania  8,  Delaware  1,  Maryland  6,  Virginia  10, 
North  Carolina  5,  South  Carolina  5,  and  Georgia  3.^ 

When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

The  House  of  Representatives  shall  choose  their  speaker  and  other 
officers ;  and  shall  have  the  sole  power  of  impeachment. 

Sect.  3.  The  Senate  of  the  United  States  shall  be  composed  of  2 
senators  from  each  State,  chosen  by  the  legislature  thereof,  for  6 
years ;  and  each  senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  of  the  second  class  at  the  expira- 
tion of  the  fourth  year  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one  third  may  be  chosen  every  second  year; 
and  if  vacancies  happen  by  resignation,  or  otherwise,  during  the 
recess  of  the  legislature  of  any  State,  the  executive  thereof  may  make 
temporary  appointments  until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies.^ 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the 
age  of  30  years,  and  been  9  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which 
he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  president  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

The  Senate  shall  choose  their  other  officers,  and  also  a  president 
fro  tempore^  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the  Chief  Justice 
shall  preside;  and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust  or  profit  under  the  United  States;  but  the  party 
convicted  shall  nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment,'  according  to  law. 

Sfxt.  4.  The  times,  places  and  manner  of  holding  elections  for 
senators  and  representatives  shall  be  prescribed  in  each  State  by 

iThe  number  of  representatives  has  considerably  increased  since.  See  below,  p.  621, 
^note  2. 

2  raragraph  1  of  this  section  and  so  much  of  paragrapli  2  as  relates  to  fllllng  vacancies 
are  amended  by  the  seventeenth  amendment  (below,  p.  622). 
Before  the  ordinarj-   courts. 


610  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

the  legislature  thereof;  but  the  Congress  may  at  any  time  by  law 
make  or  alter  such  regulations,  except  as  to  the  places  of  choosiLg 
senators. 

The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall 
by  law  appoint  a  different  day. 

Sect.  5.  Each  house  shall  be  the  judge  of  the  elections,  returns  and 
qualifications  of  its  own  members,  and  a  majority  of  each  shall  con- 
stitute a  quorum  to  do  business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  be  authorized  to  compel  the  attendance 
of  absent  members,  in  such  manner,  and  under  such  penalties  as  each 
house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings,  punish  its 
members  for  disorderly  behavior,  and,  with  the  concurrence  of  two 
thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy ;  and  the  yeas  and  nays  of  the  members  of  either 
house  on  any  question  shall,  at  the  desire  of  one  fifth  of  those  present, 
be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  sitting. 

Sect.  6.  The  senators  and  representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law  ^  and  paid  out 
of  the  Treasury  of  the  •United  States.  They  shall  in  all  cases,  except 
treason,  felony  and  breach  of  the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same;  and  for  any  speech  qj^ 
debate  in  either  house,  they  shall  not  be  questioned  in  any  other  pladj 

No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority 
the  United  States,  which  shall  have  been  created,  or  the  emolumei 
whereof  shall  have  been  increased  during  such  time ;  and  no  perse 
holding  any  office  under  the  United  States,  shall  be  a  member 
either  house  during  his  continuance  in  office. 

Sect.  7.  All  bills  for  raising  revenue  shall  originate  in  the  HousS 
of  Representatives;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate,  shall,  before  it  become  a  law,  be  presented  to  the 
President  of  the  United  States;  if  he  approve  he  shall  sign  it,  but 
if  not  he  shall  return  it,  with  his  objections  to  that  house  in  which 

*  This  annual  compensation  amounts  to  $7,500.  The  compensation  of  the  speaker  Is 
$12,000.     See  Act  of  26  February  1907. 


UNITED  STATES.  611 

it  shall  have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion two  thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and,  if  approved  by  two  thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names 
of  the  persons  voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned 
by  the  President  within  10  days  (Sundays  excepted)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their  adjournment  pre- 
vent its  return,  in  which  case  it  shall  not  be  a  law.^ 

Every  order,  resolution,  or  vote  to  which  the  concurrence  of  the 
Senate  and  House  of  Kepresentatives  may  be  necessary  (except  on 
a  question  of  adjournment)  shall  be  presented  to  the  President  of 
the  United  States ;  and  before  the  same  shall  take  effect,  shall  be  ap- 
proved by  him,  or  being  disapproved  by  him,  shall  be  repassed  by 
two  thirds  of  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Sect.  8.  The  Congress  shall  have  power: 

To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defense  and  general  welfare  of  the 
United  States;  but  all  duties,  imposts  and  excises  shall  be  uniforn> 
throughout  the  United  States. 

To  borrow  money  on  the  credit  of  the  United  States. 

To  regulate  commerce  with  foreign  nations,  and  among  the  several 
States,  and  with  the  Indian  tribes. 

To  establish  an  uniform  rule  of  naturalization  ^  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States. 

To  coin  money,  regulate  the  value  thereof  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures. 

To  provide  for  the  punishment  of  counterfeiting  the  securities 
;  and  current  coin  of  the  United  States. 

To  establish  post  offices  and  post  roads. 

To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries. 

To  constitute  tribunals  inferior  to  the  Supreme  Court. 

To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas  and  offenses  against  the  law  of  nations. 


i  The  Presidents  have  made  frequent  u^e  of  their  right  to  veto  and  only  a  very  small 
percentage  of  bills  have  been  repassed  over  their  veto.  The  presidential  veto  can  not  be 
applied  to  a  particular  provision  of  a  bill,  but  must  apply  to  the  bill  as  a  whole. 

2  Law  of  29  June  1906  establishing  a  Bureau  of  Naturalization  and  a  Bureau  of  Immi- 
gration and  instituting  uniform  rules  for  the  naturalization  of  foreigners  in  the  United 
States. 


612  CONSTITUTIONS  OF   THE   STATES  AT  WAR. 

To  declare  war,  grant  letters  of  marque  and  reprisal  and  make 
rules  concerning  captures  on  land  and  water. 

To  raise  and  support  armies,  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years. 
To  provide  and  maintain  a  navy. 

To  make  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces. 

To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections  and  repel  invasions. 

To  provide  for  organizing,  arming  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the 
service  of  the  United  States,  reserving  to  the  States  respectively 
the  appointment  of  the  officers  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Congress. 

To  exercise  exclusive  legislation  in  all  cases  whatsoever  over  such 
district  (not  exceeding  10  miles  square)  as  may,  by  cession  of  par- 
ticular States  and  the  acceptance  of  Congress,  become  the  seat  of 
the  government  of  the  United  States,^  and  to  exercise  like  authority 
over  all  places  purchased  by  the  consent  of  the  legislature  of  the 
State  in  which  the  same  shall  be,  for  the  erection  of  forts,  magazines, 
arsenals,  dock-yards  and  other  needful  buildings.     And 

To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying 
into  execution  the  foregoing  powers  and  all  other  powers  vested  by 
•this  Constitution  in  the  government  of  the  United  States,  or  in  any 
department  or  officer  thereof. 

Sect.  9.  The  migration  or  importation  of  such  persons  as  any  of 
the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  1808,  but  a  tax  or  duty  may 
be  imposed  on  such  importation,  not  exceeding  $10  for  each  person.^ 
The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

No  bill  of  attainder  or  ex  post  facto  law  ^  shall  be  passed. 
No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  proportion 
to  the  census  or  enumeration  hereinbefore  directed  to  be  taken.* 
No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 
No  preference  shall  be  given  by  any  regulation  of  commerce  ofl 
revenue  to  the  ports  of  one  State  over  those  of  another;  nor  shall 
vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter,  clear  or  pa 
duties  in  another. 

1  This  territory,  now  called  the  District  of  Columbia  and  containing  the  city  of  WasJ 
ington,  was  a  part  of  the  original  State  of  Maryland. 

2  This  refers  to  the  negro  slave  trade,  which  was  abolished  by  the  thirteenth  amenj 
ment   (below,  p.  G20). 

3  The  common  interpretation  of  this  term  is  that  it  refers  only  to  retroactive  laws 
criminal  matters. 

*  See  above,  p.  608. 


UNITED  STATES.  613 

Xo.  money  shall  be  drawn  from  the  Treasury,  but  in  consequence  of 
ippropriations  made  by  law:  and  a  regular  statement  and  account 
.f  the  receipts  and  expenditures  of  all  public  monev  shall  be  ])ub- 
ished  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  Ignited  States:  and  no 
)erson  holding  any  office  of  profit  or  trust  under  them  shall,  without 
he  consent  of  the  Congress,  accept  of  any  present,  emolument,  office 
)r  title,  of  any  kind  whatever,  from  any  king,  prince  or  foreign 
State. 

Sect.  10.^  No  State  shall  enter  into  any  treaty,  alliance  or  confeder- 
iion;  grant  letters  of  marque  and  reprisal;  coin  money:  emit  bills 
if  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
nent  of  debt;  pass  any  bill  of  attainder,  ex  post  facto  law^  or  law 
tnpairing  the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
osts  or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
ecessary  for  executing  its  inspection  laws;  and  the  net  [)roduce  of 
11  duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall 
-e  for  the  use  of  the  Treasury  of  the  United  States:  and  all  such 
iws  shall  be  subject  to  the  revision  and  control  of  the  Congress. 
No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
)nnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
^reement  or  compact  w4th  another  State,  or  with  a  foreign  power, 
f  engage  in  war,  unless  actually  invaded,  or  in  such  imminent 
anger  as  will  not  admit  of  delay. 

Article  II. 

Section  1.  The  executive  power  shall  be  vested  in  a  President  of 
te  United  States  of  America.  He  shall  hold  his  office  (hiring  the 
rm  of  4  years,  and,  together  with  the  Vice-President,  chosen 
>r  the  same  term,  be  elected  as  follows : 

Each  State  shall  appoint,  in  such  manner  as  the  legislature  thereof 
ay  direct,  a  number  of  electors  equal  to  the  whole  number  of  sen- 
ors  and  representatives  to  which  the  State  may  be  entitled  in  the 
ongress:  but  no  senator  or  representative,  or  person  holding  an 
ice  of  trust  or  profit  under  the  United  States,  shall  be  appointed 
id  elector.^ 

The  Congress  may  determine  the  time  of  choosing  the  electors,*  and 
e  day  on  which  they  shall  give  their  votes  ^ ;  wdiich  day  shall  be  the 
me  throughout  the  United  States. 

Sot'  the  sixteenth  amendment  (below,  p.  G22). 

The  common  interpretation  of  this  term  is  that  It  refers  only  to  retmactive  laws  In 
minal  matters. 

Paragraph  3  of  tliis  section  (omitted  here)  has  been  superseded  by  the  twelfth  amend- 
nt    (l)elow,   p.   619). 

The  Act  of  23  January  1845  has  fixed  this  time  as  the  Tuesday  which  follows  the 
t  Monday  in  November  of  the  year  In  which  the  presidential  election  Is  to  take  place. 

The  Law  of  3  February  1887  fixed  this  day  as  the  second  Monday  of  January. 


614  CONSTITUTIONS  OF  THE   STATES  AT  WAK. 

No  person  except  a  natural-born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  Constitution,  shall  be 
eligible  to  the  office  of  President ;  neither  shall  any  person  be  eligible 
to  that  office  who  shall  not  have  attained  to  the  age  of  35  years  and 
been  14  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation  or  inability  to  discharge  the  powers  and  duties  of  the 
said  office,  the  same  shall  devolve  on  the  Vice-President,  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resig- 
nation or  inability  both  of  the  President  and  Vice-President,  de- 
claring what  officer  shall  then  act  as  President,  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed,  or  a  President  shall 
be  elected.^ 

The  President  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them.^ 

Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
President  of  the  United  States,  and  will  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States. 

Sect.  2.  The  President  shall  be  commander-in-chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the  several  States, 
when  called  into  the  actual  service  of  the  United  States;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of  the 
executive  department,^  upon  any  subject  relating  to  the  duties  of 
their  respective  offices,  and  he  shall  have  power  to  grant  reprieves 
and  pardons  for  offenses  against  the  United  States,  except  in  cas 
of  impeachment. 

1  In  1792,  the  Congress  entrusted   (Act  of  1  March)   to  the  president  pro  tempore 
the  Senate  the  exercise  of  the  presidential  powers  on  the  defauU  of  the  President 
Vice-President.     This  provision  was  superseded  by  the  Act  of  19  January   1886,  wl 
provided  that  in  this  case  the  presidential  powers  devolve  upon  one  of  the  cabinet  me 
bers,  in  the  following  order  (the  last  three  mentioned  are  heads  of  departments  creat 
subsequent  to  1886)  : 

1.  Secretary  of  State.  6.  Secretary  of  Navy. 

2.  Secretary  of  Treasury.  7.  Secretary  of  Interior. 

3.  Secretai*y  of  War.  8.   Secretary  of  Agriculture. 

4.  Attorney-General.  9.   Secretary  of  Commerce. 

5.  Postmaster-General.  10.   Secretary  of  Labor. 
The  cabinet  members  called  in  such  a  contingency  should  possess  the  following  quali- 
fications :  To  have  been  regularly  appointed,  to  be  constitutionally  eligible  to  the  Presi- 
dency and  not  to  be  under  impeachment.     If  the  Congress  is  not  in  session,  it  should 
be  convoked  in  20  days. 

2  The  annual  compensation  of  the  President  is  $75,000,  with  an  allowance  of  $25,000 
for  traveling  (Act  of  4  March  1909)  ;  that  of  the  Vice-President  is  $12,000. 

3  There  are  10  departments :  State,  Treasury,  War,  Justice,  Post  Office,  Navy,  Interior, 
Ag'riculture,  Commerce,  Labor. 


UNITED  STATES.  615 

He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two  thirds  of  the  senators  present 
concur;  and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  Supreme  Court,  and  ail  other  officers  of 
the  United  States,  whose  appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  established  by  law ;  but  the  Congress 
may  by  law  vest  the  appointment  of  such  inferior  officers,  as  they 
think  proper,  in  the'' President  alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

Sect.  3.  He  shall  from  time  to  time  give  to  the  Congress  informa- 
tion of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may,  on 
extraordinary  occasions,  convene  both  houses,  or  either  of  them,  and 
in  case  of  disagreement  between  them,  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
jproper;  he  shall  receive  ambassadors  and  other  public  ministers;  he 
shall  take  care  that  the  laws  be  faithfully  executed,  anc^  shall  com- 
mission all  the  officers  of  the  United  States. 

Sect.  4.  The  President,  Vice-President  and  all  civil  officers  of  the 
United  States  shall  be  removed  from  office  on  impeachment  for,  and 
conviction  of,  treason,  bribery  or  other  high  crimes  and  misde- 
meanors. 

Article  III. 

Section  1.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.^  The  judges,  both  of 
the  Supreme  and  inferjor  courts,  shall  hold  their  offices  during  good 
behavior,  and  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  continuance 
I  in  office. 

Sect.  2.  The  judicial  power  shall  extend  to  all  cases,  in  law  and 
pquity,  arising  under  this  Constitution,  the  laws  of  the  United  States, 
[and  treaties  made,  or  which  shall  be  made,  under  their  authority ;  to 
'all  cases  affecting  ambassadors,  other  public  ministers  and  consuls; 
to  all  cases  of  admiralty  and  maritime  jurisdiction;  to  controversies 
|to  which  the  United  States  shall  be  a  party ;  to  controversies  between 
two  or  more  States,  between  a  State  and  citizens  of  another  State, 

:  ^  The  federal  courts  were  reorganized  by  the  Acts  of  10  April  1869.  24  February  1891 
ind  31  January  1903.  There  are  3  Jurisdictions:  district  courts,  circuit  courts  and  the 
[Supreme  Court.     There  are  84  districts  and  9  circuits. 


616  CONSTITUTIONS   OF   THE   STATES   AT   WAR. 

between  citizens  of  different  States,  between  citizens  of  the  same 
State  claiming  lands  under  gi'ants  of  different  States,  and  between  a 
State,  or  the  citizens  thereof,  and  foreign  States,  citizens,  or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  ministers  and 
consuls,  and  those  in  which  a  State  shall  be  party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as 
to  law  and  fact,  with  such  exceptions  and  under  such  regulations  as 
the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by 
jury ;  and  such  trial  shall  be  held  in  the  State  where  the  said  crimes 
shall  have  been  committed;  but  when  not  committed  within  any 
State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress  may 
by  law  have  directed. 

Sect.  3.  Treason  against  the  United  States  shall  consist  only  in 
levying  war  against  them  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  con- 
fession in  open  court. 

The  Congress  shall  have  power  to  declare  the  punishment  of 
treason,  but  /lo  attainder  of  treason  shall  work  corruption  of  blood 
or  forfeiture  except  during  the  life  of  the  person  attainted. 

Article  IV. 

Section  1.  Full  faith  and  credit  shall  be  given  in  each  State  to 
the  public  acts,  records  and  judicial  proceedings  of  every  other 
State.  And  the  Congress  may  by  general  laws  prescribe  the  manner 
in  which  such  acts,  records  and  proceedings  shall  be  proved,  and  the 
effect  thereof. 

Sect.  2.  The  citizens  of  each  State  shall  be  entitled  to  all  privileges 
and  immunities  of  citizens  in  the  several  States. 

A  person  charged  in  any  State  with  treason,  felony  or  other 
crime  who  shall  flee  from  justice  and  be  found  in  another  State  shall, 
on  demand  of  the  executive  authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to  the  State  having  jurisdiction 
of  the  crime. ^ 

Sect.  3.  New  States  may  be  admitted  by  the  Congress  into  this 
Union;  but  no  new  State  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State;  nor  any  State  be  formed  by  the  junction 

1  Paragraph  3  of  this  section  provided  for  the  arrest  of  fugitive  slaves  and  their  extra- 
dition from  State  to  State.  This  procedure  disappeared  with  the  abolition  of  slavery^ 
See  the  thirteenth  amendment  (below,  p.  620). 


UNITED  STATES.  617 

of  two  or  more  States,  or  parts  of  States,  without  the  consent  of  the 
legislatures  of  the  States  concerned  as  well  as  of  the  Congress. 

The  Congi-ess  shall  have  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  the  territory  or  other  property  be- 
longing to  the  United  States ;  and  nothing  in  this  Constitution  shall 
be  so  construed  as  to  prejudice  any  claims  of  the  United  States,  or 
of  any  particular  State. 

Sect.  4.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  of 
them  against  invasion,  and,  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  can  not  be  convened),  against 
domestic  violence. 

Article  V. 

The  Congress,  whenever  two  thirds  of  both  houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on 
the  application  of  the  legislatures  of  two  thirds  of  the  several  States, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Con- 
stitution, when  ratified  by  the  legislatures  of  three  fourths  of  the 
several  States,  or  by  conventions  in  three  fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress ; 
provided  that  no  amendment  which  may  be  made  prior  to  the  year 
1808  shall  in  any  manner  affect  the  first  and  fourth  clauses  in  the 
ninth  section  of  the  first  article ;  and  that  no  State,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

Article  VI. 

All  debts  contracted  and  engagements  entered  into,  before  the 
adoption  of  this  Constitution,  shall  be  as  valid  against  the  United 
States  under  this  Constitution,  as  under  the  Confederation. 

This  Constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall  be  the 
supreme  law  of  the  land;  and  the  judges  in  every  State  shall  be 
bound  thereby,  anything  in  the  Constitution  or  laws  of  any  State  to 
I  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the 
members  of  the  several  State  legislatures,  and  all  executive  and 
judicial  officers,  both  of  the  United  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation  to  support  this  Constitution ; 
but  no  religious  test  shall  ever  be  required  as  a  qualification  to  any 
office  or  public  trust  under  the  United  States. 
88381—19 40 


618  COl^STITUTIONS  OF  THE   STATES  AT  WAR. 

Article  VII. 

The  ratification  of  the  conventions  of  9  States  shall  be  sufficient 
for  the  establishment  of  this  Constitution  between  the  States  so  rati- 
fying the  same.^ 

AMENDMENTS  TO  THE  CONSTITUTION  OF  17  SEPTEMBER  1787.2 

[Article  I.] 

Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom 
of  speech,  or  of  the  press;  or  the  right  of  the  people  peaceably  to 
assemble,  and  to  petition  the  government  for  a  redress  of  grievances. 

[Article  II.] 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed. 

[Article  III.] 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  with- 
out the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law. 

[Article  IV.] 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
,and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place 
Jto  be  searched  and  the  persons  or  things  to  be  seized. 

[Article  V.] 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  i^ 
famous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public  dange:^ 
nor  shall  any  person  be  subject  for  the  same  offense  to  be  twice  pj 
in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any  criminj 
case  to  be  a  witness  against  himself,  nor  be  deprived  of  life,  libei 
or  property  without  due  process  of  law ;  nor  shall  private  property 
be  taken  for  public  use  without  just  compensation. 


re^ 
;rfP 


1  Here  follow  the  signatures  of  the  president  and  secretary  of  the  Convention  and  38 
deputies. 

2  The  first  10  amendments  were  proposed  by  the  First  Congress  on  25  September  1789 
and  were  ratified  by  three  fourths  of  the  States  during  the  2  succeeding  years.  They 
are  unnumbered  in  the  original. 


UNITED  STATES.  g29 

[Articuj  VI.] 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to 
a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  dis- 
trict  wherein  the  crime  shall  have  been  committed,  which  district 
shall  have  been  previously  ascertained  by  law,  and  to  be  informed 
of  the  nature  and  cause  of  the  accusation;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  m  his  favor,  and  to  have  the  assistance  of  counsel  for  his 
defense. 

[Article  VII.] 

In  suits  at  common  law,  where  the  value  in  controversy  shall  ex- 
ceed $20,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried. by  a  jury  shall  be  otherwise  reexamined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  common  law. 

[Article  VIII.] 

Excessive  bail  shall  hot  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted. 

[Article  IX.] 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not 
be  construed  to  deny  or  disparage  others  retained  by  the  people. 

[Article  X.] 

The  powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  the  people. 

Article  XI.^ 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  citizens  of  another  State,  <^  by  citizens 
or  subjects  of  any  foreign  State. 

Article  XII.^ 

The  electors  shall  meet  in  their  respective  States  and  vote  by  ballot 
for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not  be 

'  The  eleventh  amendment  was  proposed  to  the  States  on  12  March  1794  and  wag 
lared  adopted  on  8  January  1798. 

-  The  twelfth  amendment  was  proposed  to  the  States  on  12  December  1803  and  was  de- 
clared adopted  on  25  September  1804.  It  superseded  Paragraph  3  of  Section  1  of  Article  II. 
The  House  has  had  to  exercise  its  right  of  choice  twice  (1800  and  1824)  ;  the  Senate,  once 
(1836). 


620  CONSTITUTIONS   OF   THE   STATES  AT  WAR. 

an  inhabitant  of  the  same  State  with  themselves ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vive-President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of  votes  for  each,  which  lists 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  directed  to  the  President  of  the 
Senate ; — the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certificates  and 
the  votes  shall  then  be  counted ; — the  person  having  the  greatest  num- 
ber of  votes  for  President  shall  be  the  President,  if  such  number  be 
a  majority  of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  such  majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted  for  as  Presi- 
dent, the  House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State  having  one 
vote;  a  quorum  for  this  purpose  shall  consist  of  a  member  or  mem- 
bers from  two  thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President,  whenever  the  right  of  choice  shall  de- 
volve upon  them,  before  the  fourth  day  of  March  next  following, 
then  the  Vice-President  shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President. — The  person 
having  the  greatest  number  of  votes  as  Vice-President  shall  be  the 
Vice-President,  if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed,  and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall  choose  the  Vice- 
President;  a  quorum  for  the  purpose  shall  consist  of  two  thirds 
the  whole  number  of  senators,  and  a  majority  of  the  whole  numb( 
shall  be  necessary  to  a  choice.  But  no  person  constitutionally  inel 
gible  to  the  office  of  President  shall  be  eligible  to  that  of  Vice-Presj 
dent  of  the  United  States. 

Article  XIII.^ 

SEcmoN  1.  Neither  slavery  nor  involuntary  servitude,^  except  as  a 
punishment  for  crime  whereof  the  party  shall  have  been  duly  con- 
victed, shall  exist  within  the  United  States,  or  any  place  subject  to 
their  jurisdiction. 

Sect.  2.  Congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 

iThe  thirteenth  amendment  was  proposed  to  the  States  on  1  February  1865  and  was 
declared  adopted  on  18  December  1865. 

2  Peonage  was  suppressed  by  the  Act  of  2  March  1867. 


UNITED  STATES. 


621 


Article  XIV.^ 

Section  1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside.  No  State  shall  make  or 
enforce  any  law  which  shall  abridge  the  privileges  or  immunities  of 
citizens  of  the  United  States;  nor  shall  any  State  deprive  any  person 
of  life,  liberty  or  property,  without  due  process  of  law;  nor  deny 
to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

Sect.  2.  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  at  any  election  for  the  choice  of  electors  for 
President  and  Vice-President  of  the  United  States,  representatives 
in  Congress,  the  executive  and  judicial  officers  of  a  State,  or  the 
members  of  the  legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  State,  being  21  years  of  age,  and  citizens  of  the 
United  States,  or  in  any  way  abridged,  except  for  participation  in 
rebellion  or  other  crime,  the  basis  of  representation  therein  shall  be 
reduced  in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  21  years  of  age  in 
such  State.2 

Sect.  3.  No  person  shall  be  a  senator  or  representative  in  Congress, 
or  elector  of  President  and  Vice-President,  or  hold  any  office,  civil 
or  military,  under  the  United  States,  or  under  any  State,  who,  having 
previously  taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as 
an  executive  or  judicial  officer  of  any  State,  to  support  the  Constitu- 

iThe  fourteenth  amendment  was  proposed  to  the  States  on  16  June  1866  and  was 
declar(Ml  adopted  on  21  July  1868. 

2  After  the  15th  decennial  census,  the  Act  of  8  August  1911  apportioned  the  representa- 
tives to  the  48  States  as  follows  : 


Alabama 10 

Arizona 1 

Arkansas 7 

California 11 

Colorado 4 

Connecticut 6 

Delaware , 1 

Florida . 4 

Georgia 12 

Idaho 2 

Illinois 27 

Indiana 18 

Iowa 11 

Kansas 8 

Kentucky 11 

Louisiana 8 


Maine 4 

Maryland 6 

Massachusetts 16 

Michigan-- __.  13 

Minnesota 10 

Mississippi 8 

Missouri 16 

Montana 2 

Nebraska 6 

Nevada 1 

New  Hampshire 2 

New  Jersey 12 

New  Mexico 1 

New  York 48 

North  Carolina 10 

North  Dakota 8 


Ohio 22 

Oklahoma 8 

Oregon :  8 

Pennsylvania 86 

Rhode  Island 8 

South  Carolina 7 

South  Dakota 8 

Tennessee 10 

Texas 18 

UUh 2 

Vermont 2 

Virginia 10 

Washington 6 

West  Virginia 6 

Wisconsin 11 

Wyoming 1 


There  are  435  members  in  all  or  approximately  1  member  to  210,669  people.  Besides, 
the  territories  of  Alaska  and  Hawaii  have  each  1  nonvoting  delegate,  the  Philippine  Islands 
have  2  resident  commissioners,  and  Porto  Rico  has  1  resident  commissioner. 


622  CONSTITUTIONS  OF   THE  STATES  AT  WAR. 

tion  of  the  United  States,  shall  have  engaged  in  insurrection  or  re- 
bellion against  the  same,  or  given  aid  or  comfort  to  the  enemies 
thereof.  But  Congress  may,  by  a  vote  of  two  thirds  of  each  house, 
remove  such  disability.^ 

'Sect.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or  re- 
bellion, shall  not  be  questioned.  But  neither  the  United  States  nor 
any  State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid 
of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave ;  but  all  such  debts,  obliga- 
tions and  claims  shall  be  held  illegal  and  void. 

Sect.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

Article  XV.^ 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State  on 
account  of  race,  color  or  previous  condition  of  servitude. 

Sect.  2. 'The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Article  XVI.^ 


The  Congress  shall  have  power  to  lay  and  collect  taxes  on  incomes, 
from  whatever  source  derived,  without  apportionment  among  the  sev- 
eral States,  and  without  regard  to  any  census  or  enumeration. 

Article  XVII.* 

The  Senate  of  the  United  States  shall  be  composed  of  2  senatoi 
from  each  State,  elected  by  the  people  thereof,  for  6  years ;  and  eacl 
senator  shall  have  one  vote.    The  electors  in  each  State  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous  branch 
the  State  legislatures. 

When  vacancies  happen  in  the  representation  of  any  State  in  tl 
Senate,  the  executive  authority  of  such  State  shall  issue  writs  of  eh 
tion  to  fill  such  vacancies :  Provided^  That  the  legislature  of  any  Stai 
may  empower  the  executive  thereof  to  make  temporary  appointment 
until  the  people  fill  the  vacancies  by  election  as  the  legislature  maj 
direct. 

1  This  section  is  pmctically  obsolete  through  successive  legislative  measures  from  181 
to  the  Act  of  6  June  1898. 

2  The  fifteenth  amendment  was  proposed  to  the  States  on  27  February  1869  and  was 
declared  adopted  on  30  March  1870. 

8  The  sixteenth  amendment  was  proposed  to  the  States  on  26  July  1909  and  was  de- 
clared adopted  on  25  February  1913. 

*The  seventeenth  amendment  was  proposed  to  the  States  on  17  May  1912  and  was 
declared  adopted  on  31  May  1913. 


I 


I 


UNITED  STATES.  623 

This  amendment  shall  not  be  so  construed  as  to  affect  the  election  or 
term  of  any  senator  chosen  before  it  becomes  valid  as  part  of  the  Con- 
stitution. 

Akticle  XVIII.i 

Section  1.  After  one  year  from  the  ratification  of  this  article  the 
manufacture,  sale,  or  transportation  of  intoxicating  liquors  within, 
the  importation  thereof  into,  or  the  exportation  thereof  from  the 
United  States  and  all  territory  subject  to  the  jurisdiction  thereof  for 
beverage  purposes  is  hereby  prohibited. 

Sect.  2.  The  Congress  and  the  several  States  shall  have  concurrent 
power  to  enforce  this  article  by  appropriate  legislation. 

Sect.  3.  This  article  shall  be  inoperative  unless  it  shall  have  been 
ratified  as  an  amendment  to  the  Constitution  by  the  legislatures  of 
the  several  States,  as  provided  in  the  Constitution,  within  7  years 
from  the  date  of  the  submission  hereof  to  the  States  by  the  Congress.* 

1  The  eighteenth  amendment  was  proposed  to  the  States  on  3  December  1917  and  was 
declared  adopted  on  29  January  1919. 

2  A  nineteenth  amendment,  proposed  to  the  States  on  4  June  1919,  but  at  the  moment 
of  going  to  press  not  yet  ratified  by  the  legislatures  of  three  fourths  of  the  States,  reads 
as  follows: 

Section  1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied  or 
abridged  by  the  United  States  or  by  any  State  on  account  of  sex. 

Sect.  2.  Congress  shall  have  power,  by  appropriate  legislation,  to  enforce  the  provi- 
sions of  this  article. 


INDEX. 


[The  reference  Is  made  to  page  and  (in  parenthesps)  to  the  article  or  articles  of  the 
particular  constitutional  documont  appearing  on  that  page.  In  a  few  instances,  where 
one  article  covers  two  or  more  page.s,  the  reference  in  parentheses  is  to  the  s<?ction  of 
the  article  instead  of  to  the  article.  Continued  reference  is  indicated  hy  a  short  dash, 
e.  g.,  207  (45)-208  (62)  or  207  (45-47).  The  letter  n  and  a  figure  placed  in  italics 
after  the  page  number  Indicates  that  the  reference  is  to  the  corresponding  footnote  on 
(hat  page.  Although  the  indexes  under  the  individual  countries  are  fairly  complete,  the 
references  under  general  subject-headings  are  In  many  instances  merely  selective.] 


Abdul  Hamid  II.  481. 

.Aborigines:  Liberia,    373(14);    Nicaragua. 

448(38). 
\   ademic  degrees,  see  Degrees. 
Acquavlva  (Parish.  San  Marino).  550(9). 
Adolphus.  Grand   Duke    (Luxemburg),  391, 

390  nl. 
Adrianople.  Treaty  of.  553. 
Africans,   153(6). 

Agriculture:  Brazil.  69(35)  ;  Bulgaria.  104 
(161)  ;    Costa  Rica,   130(12)  ;    Egypt, 
183(36),  186(42)  ;  Haiti,  296(5)  ;  Hun- 
gary,   29(14)  ;    Japan,    356   nl;   Nica- 
ragua, 442(6). 
Ahmed,  Mlrza,  482. 
Aln.  Department  of  (France).  210(2). 
Alsne.  Department  of  (France),  210(2). 
Akkerman    Convention    of    7    October    1826 

(Serbia),  553. 
Alabama  (U.  S.  A.),  621  n2. 
Alagoas  (Brazil).  66  nS. 
Alajuela,  (Costa  Rica),  143(116). 
Alaska   (U.  S.  A.),  621  n2. 
Albania,  1. 

Albert,  King  (Belgium),  53  nl. 
Albert,  Charles  (Italy),  337. 
Alexandria  (Egypt),  177(3). 
Alexinatz  (Serbia),  564(81). 
Algeria,     2U0(11),     202(20),     n2,     208     nX, 

210(2). 
Alienation     of     territory :     Bulgaria,     101 
(142)  ;    Costa    Rica.    130(6)  ;    Nicara- 
gua, 442(14)  ;  Serbia,  554(4)  ;  see  also 
Territory. 
Alller.  Department  of  (France),  210(2). 
Alpes-Marltlmes,   Department  of   (France), 

210(2). 
ALsace-Lorralne,  219  nl,  nZ.  221(6),  224  nk. 
Amazonas    (Brazil),  66  nS. 
Ambassadors:  China,  109(34)  ;  France,  193 
(3)  ;   Germany,   223(11)  ;   Greece,   277 
(102);    Italy,    341(33);    Liberia,    366 
(1),  368(5)  ;  Serbia,  567(98)  ;  Turkey, 
598(62)  ;  United  States,  614-615;  see 
also  Diplomatic  affairs. 
Ameroictur,  241(14). 

'American  Acade  >y  of  Political  and  Soctal 

Sciences,  Annals  of,  see  Currier,  C.  F. 

A.;   Rowe,  L.  S.,  and  S.  M.  Lindsay; 

Vincent.  .7.  M.,  and  A.  S.  Vincent. 

American  Colonization  Society.  374(16). 

American  Constitutions,  see  Rodriquez,  J.  I. 


American    Journal    of    International   Law, 

Supplement  to  the  (cited),  106  nl. 
Amnesty  :  Brazil,  69(27)  ;  Bulgaria,  89(15|, 
103(159)  ;     China,     109(40)  ;     Costa 
Rica,    138(12)  ;    Cuba,    162(10),    165 
(15)  ;    France,    193(3)  ;    Greece,    267 
(39),    273(81);    Guatemala.    288(16): 
Haiti,    305(75),    313;    Honduras,    324 
(7),     328(9)  ;     Japan,     353(16)  ;     Li- 
beria,   367(1)  ;    Montenegro,    408(12), 
408(13)  ;      Nicaragua,      441(85),     442 
(23),     446(111)  ;     Panama,     465(17), 
468(18)  ;  Portugal,  507(18),  513(71)  ; 
Russia,     540(23)  ;     Serbia,     560(51)  ; 
United  States,  614(2). 
Amparo,  335(162),  454(159). 
Ander.son-Porras  Treaty,  113(5). 
Andreas  II   (Hungary),  25. 
Anglican  Church.   57  tt*. 
Anhalt  (Germany),  210(1),  221(6),  224  n|. 
Anne  of  Denmark,  259(3). 
Annuaire     de     If'gislation     ^trangtre,     ill; 
(cited)   (Bulgaria),  87  nt,  nS,  n^,  SSnJ, 
106    nl;    (Cuba),    151    n4;    (Persia). 
481  n2,  549  n2,  554  nS,  555  ni,  566  nl. 
Annual  Register  (cited),  1  nl. 
Antlvarl   (Montenegro),  421(129). 
Antwerp,  44(1). 
Arab  Bedouins,  177(3). 

Ard^che.   Department  of    (P'rance).   210(2). 
Ardennes,  Department  of  (France),  210(2). 
Ari^ge.  Department  of  (France),  210(2). 
Arizona  (U.  S.  A.),  621  n2. 
Arkansas  (U.  S.  A.),  621  ni. 
Army,  see  Military  affairs. 
Arndt,  A..   Verfassung  des  dcutsrhrn  lUichs 

(cited),   229  nl. 
Arrest  and  prosecution:  China,  106(6),  108 
(25)  ;  Costa  Rica,  116(30)  ;  Cuba,  154 
(16,  20)  ;  Guatemala.  282(30)  ;   Haiti. 
296(9):    Liberia.    366(11);    Liechten- 
stein. 376(0-11)  :  Nicaragna.  435(26)  ; 
Panama,  460(23)  ;  Portugal.  501(16)  ; 
Russia,      541(31);      Serbia,      559(9); 
United  States,  610(6). 
Arringo  generate  (San  Marino),  549. 
Arsenals:  United  States,  611(8). 
Artlbonlte    (Haiti).    2i»9(37). 
Arts:     Brazil,     69(.'?5)  ;     Cuba.     156(31); 
Panama.    465(13):    Persia,    491(18); 
United   States,  611(8). 


625 


Assembly 


INDEX. 


Assembly,  right  of:  Austria,  17(11);  Bel- 
gium, 46(19)  ;  Brazil,  79(8)  ;  Bul- 
garia, 95(82)  ;  China,  106(6)  ;  Costa 
Rica,  117(36)  ;  Cuba,  155(28)  ;  Greece, 
266(10)  ;  Guatemala,  282(25)  ;  Haiti, 
297(20)  ;  Italy,  341  (32-33)  ;  Japan, 
353(29)  ;  Liberia,  360(5)  ;  Luxemburg, 
394(24)  ;  Montenegro,  427(213)  ;  Nica- 
ragua, 437(48)  ;  Panama,  460(20)  ; 
Portugal,  501(14)  ;  Roumania,  521 
(26)  ;  Russia,  541  (36)  ;  Serbia,  558 
(24)  ;  Turkey,  605(120). 
Assiut  (Egypt),  177(3). 
Association,  right  to  form  :  Bulgaria,  95 
(S3)  ;  China,  106(6)  ;  Germany,  221 
(16)  ;  Greece,  263(11)  ;  Guatemala, 
282(25)  ;  Honduras,  320(58)  ;  Japan, 
353(29)  ;  Luxemburg,  395(26)  ;  Persia, 
492(21)  ;  Portugal,  501(14)  ;  Rouma- 
nia, 522(27)  ;  Russia,  542(38)  ;  Serbia, 
558(25)  ;  Turkey,  592(13). 
Assuan  (Egypt),  177(3). 
Asylum:  (Honduras)  335(162)  ;  Nicaragua. 

433(12),  454(159). 
Atlantic  Ocean,  431(1). 
Attainder:  United  States,  613(10),  616(3). 
Aube,  Department  of   (France),  210(2). 
Aude,  Department  of   (France),  210(2;. 
Austria:    S,   11-24,   217. 

Administrative  and  executive  power, 
23-24. 

Armed  forces,  under  supreme  command 
of  Emperor,  24(5). 

Assembly,  right  of,  17(11). 

Austria,  Lower,  14(1),  15(6). 

Austria,  Upper,  14(1),  15(6). 

Banks,   17(11). 

Bohemia,   14(1),   15(6). 

Budget,  preparation  of,  16(11). 

Bukowina,  14(1),  15(6). 
Carinthia,  14(1),  15(6). 

Carniola,  14(1),  15(6). 

Census,  17(11). 

Citizens  :  equality  before  the  law,  12(2-3, 
4),  14(19)  ;  liberties,  civic  and  re- 
ligious, 12(4,  7,  8),  13(13-18)  ;  rights, 
in  general,  12(10)-13(13)  ;  domicili- 
ary, 12(6,  9)  ;  of  property,  12(5-6)  ; 
suspension  of  rights  and  liberties, 
14(20)  ;  vassalage,  12(7)  ;  and  com- 
mercial and  political  treaties,  16(11). 

Citizenship,  11(1),  17(11). 

Commerce,  16-17. 

Oompromis  of  1867,  11. 

Cracow,  14(1),  15(6). 

Credits,  17(11). 

Dalmatia,  14(1),  15(6). 

Domain,  public,  see  Public  domain. 

Domicile:  inviolability  of,  12(6,  9)  ;  legis- 
lation concerning,  17(11). 

Education,  17(11). 

Emigration,  12(4). 

Emperor:  amnesty,  right  of,  23(13)  ;  ap- 
points and  dismisses  ministers,  23(3)  ; 
concludes     political     treaties,     24(6)  ; 


Austria — Continued. 

Emperor — Continued, 

confers  titles,  23(4)  ;  has  supreme  com-^ 
mand  of  armed  forces,  24(5)  ;  his  per- 
son sacred,  23(2)  ;  oath,  24(8)  ;  par- 
don, right  of,  23(13)  ;  peace,  con- 
cluded by,  24(5)  ;  right  to  coin  money, 
24(7)  ;  war,  declaration  of,  24(5). 

Executive  power,  23—24. 

Finance,  competence  of  Reichsrat  in,. 
16-17. 

Foreigners,  12(3),  17(11). 

Galicia,  14(1),  15(6). 

Gemeindevertretung,  12(4). 

Goerz,  14(1),  15(6). 

Gradiska,  14(1),  15(6). 

Haus  der  Abgeordneten,  14(1)  ;  see  House 
of  Representatives. 

Herrenhaus,  14(1)  ;  see  House  of  Lords. 

House  of  Lords  :  clergy,  higher,  members 
of,  14(4)  ;  heads  of  noble  families  are 
hereditary  members,  14(3)  ;  life  mem- 
bers appointed  by  Emperor,  15(5)  ; 
number  of  members,  15(5)  ;  president 
appointed  by  Emperor,  16(9)  ;  princess 
are  members  of,  14(2). 

House  of  Representatives  :  apportionment 
of  members  to  election  districts,  15(6)  ; 
conduct  of  elections,  16(7);  election 
of  substitutes,  15(7)  ;  elegibility  to, 
J.5(7)  ;  membership,  15(6)  ;  president 
appointed  by,  16(9). 

Imperial  Court:  competence  of,  21(2); 
laws  concerning,  17(11)  ;  sessions  at 
Vienna,  21(5). 

Industry,  17(11),  nl.  ^^ 

Istria,  14(1),  15(6).  ^ 

Judiciary:  amnesty,  right  of,  23(13); 
action  brought  against  state  or  judicial 
officer,  22(9)  ;  courts  established  by 
law,  22(2)  ;  courts  may  determine  val- 
idity of  ordinances,  22(7)  ;  criminal 
proceedings,  22(10)  ;  Imperial  Court, 
17aiwt),  21(2,  5)  ;  judges  appointed 
for  life  by  Emperor,  22(5)  ;  judges  are 
independent,  22(6)  ;  judicial  power  63 
ercised  in  name  of  Emperor,  22(l)i 
jury  trial  assured,  23(11)  ;  justice  se| 
arated  from  administration,  23(14) 
legislation  of  matters  common  to  Ai 
tria  and  Hungary,  17(11)  ;  legislatiol 
of  matters  particular  to  countries, 
17(11),  oath  of  judicial  officers, 
22(8)  ;  pardon,  right  of,  23(13)  ;  pro- 
ceedings before  judges  are  public, 
22(10)  ;  Supreme  Court  of  Justice  and 
Cassation,  Vienna,  23(12)  ;  see  also 
Imperial  Court.  ^ 

Landesordnung,  18  nl.  ^ 

Landesprdsident,  18  nl. 

Laws :  officers  of  State  responsible  for 
observance  of,  24(12)  ;  published  in 
name  of  Emperor,  24(10)  ;  special  laws, 
24(11). 


are 

I 

ioF 


626 


INDEX. 


Anstria-Hnngury 


Anstrla — Continued. 

Letters,  secrecy  of,  12(10). 

Loans,  16(11). 

Lodomerla,  14(1),  15(6). 

Mails,  see  PoSt. 

Military  affairs,  16(11),  24(5). 

Ministers  :  entitled  to  take  part  in  delib- 
erations of  Reichsrat,  20(21)  ;  respon- 
sible for  their  acts,  24(9). 

Monetary  system,  16(11),  17(11),  24(7). 

Monopolies,  17(11). 

Moravia,  14(1),  15(6). 

Navigation,  17(11). 

Nobility :  seats  in  House  of  Lords, 
14(2,3). 

Occupation,  freedom  of,  13(18). 

Passports,  17(11). 

Patents,  17(11). 

Peace,  conclusion  of,  24(5). 

Person,  freedom  of,  12(8). 

Petition,  right  of,  13(11). 

Post,  17(11). 

Press,  freedom  of,  13(12),  17(11). 

Property  rights,  12(5). 

Public  debt,  16(11). 

Public  domain,  legislation  respecting, 
16(llc). 

Public  health,  17(11). 

Public  office,  12(2-3). 

Race,  equality  of,  14(19). 

Railways,  17(11). 

ReichsgericKt,  20(1)  ;  see  Imperial  Court. 

Reichsrat:  adjournment,  20(19)  ;  com- 
petence of,  16(11)  ;  composition  of, 
14(1)  ;  convened  annually  by  Emperor, 
16(10)  ;  House  of  Lords,  14(1)  ;  House 
of  Representatives,  14(1)  ;  is  the  repre- 
sentative body,  14(1)  ;  legislation  be- 
longing within  power  of  provincial  diet, 
17(12)  ;  members  elected  for  6  years, 
19(18)  ;  members  eligible  for  reelection, 
20(18)  ;  members,  freedom  from  arrest, 
19(10)  ;  members  must  personally  exer- 
cise right  to  vote,  19(17)  ;  members  re- 
ceive no  instruction,  10(16)  ;  ministers 
to  take  part  in  deliberations,  20(20)  ; 
quorum,  19(15)  ;  right  to  propose  laws, 
18(13)  ;  right  to  propose  emergency 
legislation,  18(14)  ;  sessions  are  public, 
20(23)  :  sessions  may  be  secret,  20 
(23)  ;   term,  length   of,   19  n2. 

Religion:  freedom  of,  13(14-15)  ;  higher 
clergy  in  House  of  Lords,  14(4). 

Salzburg,  14(1),  15(6). 

Science,  freedom  of,  13(17). 

Seignorial  rights,  17(11). 

Silesia,  Lower,  14(1),  15(6). 

Silesia,  Upper,  14(1),  15(6). 

Statthaltrr,    18    n1. 
Styria,  14(1),  15(6). 
Taxes,  levy  of,  16(11). 
Teaching,  freedom  of,  13(17). 
Territory,  alienation  of,  16(11). 
Trade-marks,  17(11). 


Anntria — Continued. 
Treaties,   16(11),   24(6). 
Trlest,  14(1),  15(6). 
Tyrol,  14(1),  15(6). 
Vassalage  abolished,  12(7). 
Verordnungen,  22(7). 
Voralberg,  14(1),  15(6). 
War,  declaration  of,  24(5). 
Weights  and  measures,  17(11). 
Austria,  Lower,  6(8),  14(1),  15(6). 
Austria,  Upper,  6(8),  14(1),  15(6). 
AuHtria-Hungrary  (The  Dual  Monarchy)  : 
3-10;   see  also   Austria    (11-24),   and 
Hungary    (25-41). 
Affairs   not   common   to,   4(2). 
Affairs    common    to:    4(1);    administra- 
tion of  such  affairs,  5(5)  ;  common  ad- 
ministration   of    Bosnia    and    Herze- 
govina, 9-10 ;  common  legislative  mat- 
ters, 5(6). 

Army,  management  and  conduct  of  be- 
longs to  Emperor,  5(5). 

Austria,  Lower,  6(8). 

Austria,  Upper,  6(8). 

Austrian  .Law  of  21  December  1867,  3, 
4-9. 

Austrian  Law  of  22  February  1880,  9-10. 

Berlin.  Treaty  of,  3. 

Bohemia,   6(8). 

Bosnia  and  Herzegovina :  incorporation 
in  Austria-Hungary,  3 ;  administration 
of,   by   Austria-Hungary,   9-10. 

Bukowina,  6(8). 

Carinthia,  6(8). 

Carniola,  6(8). 

Commercial  affairs  not  common  to  Aus- 
tria and  Hungary,  4(2). 

Cracow,  6(8). 

Customs :  legislation  not  common  to  Aus- 
tria and  Hungary,  4(2)  ;  of  Bosnia 
and  Herzegovina,  10(4). 

Dalmatia,  6(8). 

Defense,  systems  of,  not  common  to 
Austria  and    Hungary,  4(2). 

Diet  (Hungarian):  5(3,  6),  ni,  6;  see 
also  Legislative  body. 

Dual  Monarchy :  formation  of,  3 ;  or- 
ganization of,  4—10. 

Emperor,   5(5),  9(36). 

Expenses  :  common  to  Austria  and  Hun- 
gary, 4(4)  ;  may  be  fixed  for  one  year 
by  Emperor,  5(3)  ;  of  Bosnia  and 
Herzegovina,  10(3). 

Finances,  common  to  Austria  and  Hun- 
gary, 4(1). 

Foreign  affairs,  common  to  Austria  and 
Hungary,  4(1)  ;  Minister  of,  4  nJ. 

Galicia,  6(8). 

German  language,  use  of,  in  Joint  legisla- 
tive body,  8(30). 

Goerz.  6(8). 

Gradiska,  6(8). 

Hapsburgs.  throne  of  the,  3. 

History  of,  3. 


627 


Austria-Hungary 


IKDEX. 


Austria-Hungary — Continued. 

House  of  Lords :  shall  choose  20  mem- 
bers for  Reichsrat,  5(8). 

House  of  Representatives  :  shall  choose  40 
members  for  Reichsrat,  6(8)  ;  composi- 
tion, 6(8). 

Hungarian  language,  use  of,  in  joint  legis- 
lative body,  8(30). 

Hungarian  Law  12  of  12  June  1867,  3, 
4  n2,  ni,  5  nl. 

Hungarian  Law  6  of  1880,  9  n^. 

Istria,  6(8). 

Laws  :  21  Dec.  1867,  3,  4  ;  Austrian  Law 
of  22  Feb.  1880,  9  ;  Law  of  21  Dec.  1867, 
3,  4  ;  Law  concerning  administration, 
9-10. 

Legislative  body,  joint  to  both  monarch- 
ies :  composition,  5(7)-6(12)  ;  Em- 
peror's approval  of  enactments  on  mat- 
ters not  common  to  both  monarchies, 
9(36)  ;  functions,  5(6),  6(13)  ;  func- 
tions in  matters  not  common  to  both 
monarchies,  9(36)  ;  joint  presidents, 
8(31-32)  ;  legislative  procedure,  6 
(14)-7(22)  ;  8(28)-9(36)  ;  quorum,  8 
(33)  ;  sessions,  8(26-27,  2^),  9  (34)  ; 
rights  of  the  joint  ministry  in,  8(28), 
9(36). 

Loans,  joint,  5  (3),  nS. 

Lodomeria,  6(8). 

Military  and  naval  affairs  common  to 
Austria  and  Hungary,  4(1)  ;  defense, 
system  of,  not  common  to  Austria  and 
Hungary,  4(2). 

Ministry :  rights  in  and  coordination 
with  the  joint  legislative  body,  9(36)  ; 
minister  of  foreign  affairs,  4  nS. 

Monetary  system  and  standard  not  com- 
mon to  Austria  and  Hungary,  4(2)  ;  of 
Bosnia  and  Herzegovina,  10(4). 

Moravia,  6(8). 

Naval  affairs,  not  common  to  Austria  and 
Hungary,  4(1). 

Pragmatic  Sanction  of  19  April  1713,  3. 

Public  debt,  5(4),  nJf. 

Railways  :  regulation  of,  not  common  to 
Austria  and  Hungary,  4(2)  ;  construc- 
tions of,  in  Bosnia  and  Herzegovina, 
10(3). 

Reichsrat  (Austrian)  :  5(3,  6,  7),  n2, 
6(9-12),  7(20-25),  8(26,  30),  9(35)  ; 
^see  also  Legislative  body. 

Salzburg,  6(8). 

Silesia,  Lower,  6(8). 

Silesia,  Upper,  6(8). 

Styria,  6(8). 

Taxes,  indirect :  not  common  to  Austria 
and  Hungary,  4(2)  ;  of  Bosnia  and 
Herzegovina,  10(4). 

Triest,  6(8). 

Tyrol,  6(8). 

Voralberg,    6(8).    . 
Authors:      Cuba,       156(35);      Guatemala, 
281(20)  ;  Honduras  321(68),  324(16)  ; 
Nicaragua,  437(59),  441(85)  ;  Panama, 


[80)^ 
alsi 


Bra 


Authors — Continued. 

462(40)  ;  Roumania,  521(24)  ;  Serbia 
557(22)  ;  United  States,  611(8)  ;  set 
also  Writers. 

Autocratic  power  (Russia), *538 (4). 

Aveyron,  Department  of  (France),  210(2). 

Avlona,  1. 

Bacau  (Roumania),  525(62). 

Bacs-Bodrogh    (Hungary),  35(4). 

Baden  (Germany),  219  (1),  221(6),  224 
231  nS. 

Bahia    (Brazil),   66  nS. 

Bahai  Honda  (Cuba),  174  nl. 

Bail :   Great  Britain,  257  ;  Liberia,  361(10) 
United  States,  619(8). 

Ball,  Alice  M.,  iv. 

Ballot:    United  States,  619(12). 

Bandars,  183(37),  184(2). 

Banishment:  Brazil,  80(20),  8 
Cuba,  156(30),  157(4)  ;  se« 
Exile. 

Bank  of  France,  202  nS,  205  n2. 

Bankruptcies  :  United  States,  611(8) 

Banks  and  banking:  Austria.  17(11; 

zil,  63(7),  68(8)  ;.  Costa  Rica,  130(8) 
France,  202  nS,  205  n2j  German 
220(4),  224(3)  ;  Nicaragua,  443(26) 
Portugal,  506(11)  ;  Turkey,  599(6). 

Barillas,  Don  Manuel  Lisandro,  292(4). 

Basses-Alpes,     Department     of      (France) 
210(2). 

Basses-Pyrenees,   Department   of    (France); 
210(2). 

Bassa  County  (Liberia),  364(5). 

Bavaria    (Germany),    219(1),    221(6), 
nh  231  nS. 

Bedouins,  177(3). 

Beggars:   Brazil,  78(70). 

Behera  (Egypt),  177(3). 

Belfort  (France),  210(2),  214(3). 

Belgium,  43-59. 
Albert,  King,  53  nl. 
Anglican  Church,  57  n//. 
Antwerp,  44(1). 
Appeal  courts,  55(104). 
Army:     armed    police,    58(120);    citizei 
militia,  58(122,  123)  ;  contingent  vot 
annually,  58(119)  ;  foreign  troops  not 
allowed   to   cross   or   occupy   territory, 
58(121)  ;  King  confers  grades,  52(66) 
method    of    recruiting    determined 
law,  57(118)  ;  right  of  soldiers  to  ha 
ors,  58(124). 
Authority :    emanates    from    the    peopl 
46(25)  ;  initiative  rests  with  the  three 
branches,  46(27)  ;  legislative  power  ex- 
ercised collectively  by  King,  House 
Senate,  46(26). 
Brabant,  44(1). 
Brussels,    58(126). 
Capital   city,   58(126). 
Catholic  Church,  57  »t-4. 
Citizen  militia,  58(122,  123). 


I 


628 


INDEX. 


Belgium 


BelK-iuin — Continued. 

Citizens  :  are  equal  before  the  law,  44(6)  ; 
civil  rights,  doprivution  of,  abolished. 
4.j(13)  ;  confiscation  of  property  not 
to  be  established,  45(12)  ;  domicile  In- 
violable, 45(10)  ;  freedom  of  worship, 
45(15)  ;  individual  liberty  guaranteed, 
44(7)  :  nationality,  44(4)  ;  naturaliza- 
tion, 44  (5)  :  no  class  distinction,  ^4  (6)  ; 
political  rights.  44(4)  ;  privacy  of  cor- 
respondence, 46(22)  ;  right  of  assem- 
bly, 46(19)  ;  right  of  petition,  46(21)  ; 
use  of  language  optional,  46(23). 

Civil  marriage  precedes  religious  cere- 
mony, 45(16). 

Civil  rights,  deprivation  of,  abolished, 
45(13). 

Coat  of  arms,  58(125). 

Coinage,  right  belongs  to  King,  52(74). 

Colonies,  possessions,  44  ( 1 ) . 

Colors,  58(125). 

Commerce,   47(31). 

Communes,  rectification  of  boundaries  of, 
44(3). 

Congo  Free  State  :  administration  taken 
over  by  Belgium,  43,  51  nJf ;  constitu- 
tional law  sanctioned,  43. 

Constitution  :  all  laws  contrary  thereto 
are  abrogated,  59(138)  ;  no  change  to  be 
made  during  regency,  53(84)  ;  not  to  be 
suspended,  59(130)  ;  passed  7  Feb.  1831, 
43,  44  ;  promulgated  11  Feb.  1831,  43  ; 
revision  of,  58(131)  ;  temporary  pro- 
visions,  59(132-138). 

Domicile  inviolable,  45(10). 

East  Flanders,   44(1). 

Education  :  private  instruction,  45(17)  ; 
public  instruction,  45(17). 

Equality  before  law,  44(6). 

Evangelical  Church,  57  nJi. 

Finance:  budget  voted  annually,  57(115)  ; 
court  of  accounts,  57(116)  ;  expendi- 
tures of  State  and  army,  46(27)  ;  no 
tax  privileges,  57(112)  ;  pensions, 
57(114)  ;  salaries  of  ministers  of  re- 
ligion paid  by  State.  57(117)  ;  taxes, 
how  imposed,  56(110)  ;  taxes  voted  an- 
nually,    56(111). 

Flanders,  44(1). 

Foreigners:  protection  of,  58(128); 
right  of,  59(133). 

Hainaut,  44(1). 

Holland,  union  with,  43. 

House  of  Representatives :  additional 
votes  allotted  to  citizens,  48(47)  ; 
classification  of  voters,  48(47)  ;  elec- 
toral colleges,  49(48)  ;  has  power  to 
accuse  minister,  59(134)  ;  meml)ers 
chosen  by  direct  election.  48(47)  ; 
members,  compensation,  49(52)  ;  mem- 
bers elected  for  4  years,  49(51)  ;  mem- 
bers, eligibility,  49(50)  ;  representa- 
tives, 49(49)  ;  votes  allotted  to  citi- 
zens, 48(47). 


BelKluni — Continued. 

Independence   of   Belgium   proclaimed    18 

Nov.  1830,  43. 
Jewish  religion,  57  ni. 
Judiciary:  appeal  courts.  55(104)  ;  com- 
mercial courts,  56(105)  ;  Court  of  Cas- 
sation, 54(95)  ;  courts,  competence  of, 
54(92)  ;  courts,  personnel  to  be  main- 
tained, 59(135)  ;  interpretation  of  law 
belongs  to  legislative  power,  46(28)  ; 
judgments  to  be  pronounced  in  open 
court,  55(97)  ;  Judges  appointed  by 
King,  55(99)  ;  Judges  appointed  for 
life,  55(100)  ;  Judicial  power  exercised 
by  courts,  46(30)  ;  laws  abolished, 
59(137)  ;  military  tribunals,  55(105)  ; 
oaths,  form  of,  58(127)  ;  penalty  by 
virtue  of  law,  45(9)  ;  right  of  Jury  trial 
established,  55(98)  ;  salaries  of  mem- 
bers fixed  by  law,  55(102)  ;  sessions  of 
courts  to  be  public,  55(96). 
King :  appoints  and  dismisses  ministers, 
52(65)  ;  appoints  government  officials, 
52(66)  ;  appoints  Judges,  55(99)  ;  ap- 
proves and  promulgates  laws,  52(69)  ; 
civil  list,  53(77),  nl ;  commands  land 
and  sea  forces,  52(68)  ;  confers  grades 
in  army,  52(66)  ;  constitutional  pow- 
ers are  hereditary,  51(60)  ;  confers 
military  orders,  53(76)  ;  confers  titles, 
52(75)  ;  executive  power  vested  In, 
46(29)  ;  has  power  to  remit  penalties, 
52(73)  ;  has  right  to  coin  money, 
52(74)  ;  has  right  to  convene  Houses, 
52(71)  ;  Issues  decrees,  52(67)  ;  major- 
ity, 53(80)  ;  ministers  responsible  for 
decrees,  51(64)  ;  oath,  53(80)  ;  per- 
son Inviolable,  51(63)  ;  privileges  of, 
52(68)  ;  regency,  53(82)  ;  shall  not  be 
head  of  another  State,  51(62)  ;  succes- 
sion, 51(61),  53(81). 

Laws  :  ordinances  obligatory  after  being 
published,  58(130)  ;  Netherlands  Con- 
stitutional Law  of  25  Aug.  1830,  43; 
Protocol  of  21  June  1814,  43. 

Legislative  body  :  assembles  at  the  death 
of  King,  53(79)  ;  determines  the  man- 
ner to  exercise  its  power.  48(46)  ; 
elects  its  own  president,  47(37)  ;  mem- 
ber can  not  belong  to  both  Houses,  47 
(35)  ;  members  free  from  arrest,  48 
(44)  ;  members  represent  the  nation,  47 
(32)  ;  petition  in  person  forbidden,  48 
(43)  ;  procedure,  47(41,  42)  ;  provide 
for  the  vacancy  of  the  throne,  58(85)  : 
quorum,  47(38)  ;  right  to  Investigate 
public  affairs,  47(40)  ;  sessions  are 
pul)Ilc,  47(33)  ;  sessions  may  be  secret, 
47(33)  ;  time  of  assembly,  52(70)  ; 
votes,  how  taken,  47(39). 

Leopold  of  Saxe-Coburg,  43. 

Llmbourg.  44(1). 

Luxembourg,  44(1). 

Military  tribunals,  55(105). 


629 


Belgium 


II^DEX. 


Belgium — Continued. 

Ministers :    appointed    and    dismissed   by 
King,  52(65)  ;  can  be  accused  by  House 
of   Representatives,   54(90)  ;    have  ad- 
mission  to   either  house,   54(88)  ;   not 
relieved     of     responsibility     by     King, 
54(89)  ;    qualifications,    54(86)  ;    sen- 
tenced by  Court  of  Cassation,  54(91). 
Mort  civile,  45(13),  n2. 
Motto,  58(125). 
Namur,  44(1). 
National  Congress  of  Belgians  of  10  Nov. 

1830,  43. 
Naturalization,  44(5), 
Nobility,    titles    of,    conferred    by    King, 

52(75). 
Oaths,  form  of,  58(127). 
Person,  liberty  of,  44(7). 
Polders,   57(113). 
Possessions,  44(1). 
Press:     censorship    prohibited,     45(18); 

freedom  of,  45(18). 
Property  rights,  45(11). 
Protestant  Evangelical  Church,  57  n4. 
Provinces,  44(1-3). 
Provincial    and    communal    institutions, 

56(108-109). 
Public  officials,  action  against,  46(24). 
Religion :      appointment      of      ministers, 
45(16)  ;    civil    marriage    precedes    re- 
ligious  ceremony,   45(16)  ;   freedom  of 
worship,  45(14)  ;  salaries  and  pensions 
paid  by  State,  57(117). 
Revolution  of  25  Aug.  1830,  43. 
Senate:  composition,  50(1)  ;  eligibility  to 
election^      50(56)  ;      illegal      meetings, 
51(59)  ;  members  elected  for  8  years, 
50(55)  ;    members    receive    no    salary, 
50(57)  ;    number    of    senators    elected, 
50(54)  ;  sons  of  King  and  princes  have 
right  to   Senate,  51(58). 
Taxes,  56(110-111). 
Territory,    rectification    of   boundary    of, 

44(33). 
Titles,  conferred  by  King,  52(75). 
Treaties,  made  by  King,  52(68). 
Union  with  Holland,  43. 
Wateringen,  57(113). 
West  Flanders,  44(1). 
Belgrade,   39(4),   553(2),   564(81). 
Belgrade   University   of,   583  nl. 
Beni-Souef  (Egypt),  177(3). 
Berat,  600(81). 
Berlad  (Roumania),  525(62). 
Berlin  :  Treaty  of,  3,  407,  589. 
Berwick  upon  Tweed   (Great  Britain),  253 

(10). 
Bibles,  340(28). 

Bills  of  credit   (United  States),  613(10). 
Birket    (Egypt),   186(41). 
Blueflelds  (Nicaragua),  449(117). 
Bocas  del  Toro  (Panama),  458(4). 
Bohemia,  6(8),  14(1),  15(6). 
Bonaparte,  Louis  Napoleon,   192(9). 
Bonaparte,  Napoleon,  191(4),  217,  337. 


Borgo  (Parish,  San  Marino),  550(9). 
Bosnia  and  Herzegovina :  incorporation  I 
Austria-Hungary,  3  ;  administration  oi 
by  Austria-Hungary,  9-10. 
Botoshani  (Roumania),  525(62). 
Bouches-du-RhSne,  Department  of  (France' 

210(2). 
Boundaries:      Brazil,      68(10);     Bulgarii 
88(2)  ;    Costa    Rica,    112(3)  ;    Egyp 
183(37)  ;    Panama,    458(4),    466(24] 
467(7)  ;   Persia,  485(22),  493;  Portt 
gal,  506(12)  ;  Roumania,  518(2). 
Bounties:  United  States,  622(4). 
Bourbon  Charter  of  1814,  191(5). 
Eoyer  (President  of  Haiti),  295. 
Brabant  (Belgium),  44(1). 
Braila   (Roumania),  525(62). 
Branding,  393(18). 

Branner,  J.  C,  Foreign  Constitutions   ( 
Convention  Manual  of  the  Sixth  N' 
York  State  Constitutional  Conventii 
1894)   (cited),  44  nl,  61  nl. 
Brazil:    61-85. 

Agriculture,  69(35). 
Alagoas,   66   nS. 
Amazonas,   66  nS. 
Amnesty,    69(27). 
Anonymous  publications,  79(12). 
Armed  forces,  68(17). 
Arsenals,  69(31). 
Arts  and  sciences,  69(35). 
Assembly,  right  of,  79(8). 
Attorney  General,  75(58),  82(81). 
Bahia,  66  nS. 

Banishment,   80(20),   82(80). 
Banks,  63(7),  68(8). 
Beggars,  78(70). 
Boundaries,  68(10). 
Ceara,  66  n3. 
Cemeteries,  79(5). 
Census,    67(28). 

Chamber    of    Deputies:    power,    65(18) 
eligibility     to,     66(26)  ;     compositio] 
66(28)  ;  adjournment,  67(29)  ;  freedo: 
of,  65(19)  ;  see  also  Senate;  Nationj 
Congress  ;  Legislative  power. 
Citizens:    qualifications,    77(69);    righ' 
and    duties,    78-81(72)  ;    military    se 
vice,  82(86). 
Civil  law,  76(60). 
Civil  marriage,  79(4). 
Civil  rights,  80(28). 
Coins,   68(7). 

Commerce:  69(35)  ;  international,  68(5 
Commissions,  81(74). 
Constant,    Benjamin,    Botelho    de   Mega 

haes,   85(8). 
Constitution:    69(35);    amendments,    S 

(90). 
Constitutions,    State,   76(63). 
Conventions,  68(12),  73(48). 
Copyright,  80(26). 
Correspondence,  secrecy  of,  80(18). 
Court  of  Accounts,  83(89). 
Credit,   84(4). 


630 


IXDEX. 


Brazil 


Brazil — Continued. 

Crimiual   cases,  82(81). 

Custom-houses,  63(7). 

Damages,  70(60). 

Death  penalty,  80(21). 

Defense,  64(14),  68(16). 

Deputies,    66(28). 

Desemhargadores    (judicial    officers), 

85(6). 
Detention,  81(80). 
Diplomatic  corps,  73(48). 
Diplomatic  missions,  65(23). 
Districto  Federal,  see  Federal  District. 
Domicile,  79(11). 
Draft,  military,  83(87). 
Education,  69(30,  3,  4),  79(6). 
Elections,   68(22),   72(47),  84(1-4). 
Electors,  66(26),  78(70). 
Emigration,    79(10). 
Equality  before  law,  78(72). 
Espirito  Santo,  66  n3. 
Estates  of  foreigners,  76(61). 
Exemption    from    duties    of    citizenship, 

80(29). 
Executive    power,    64(15),    70(41)  ;    see 

also  President. 
Extradition,  69(32),  77(66). 
Federal  administration,  84(3). 
Federal  appointments,  75(58). 
Federal  capital,  62(2,  3),  n2. 
Federal  District,  02(2),  n2,  66(28),  69(30, 

35),  77(67). 
Federal   government,   62(6). 
Federal  judges,  85(6). 
Federal  offices,  69(25). 
Federal  revenue,  68(4). 
Federal     Supreme    Court,     see    Supreme 

Court. 
Foreign  forces,  68(19). 
Foreign  relations,  73(14). 
Foreigners,  76(60),  78(69). 
Form  of  government,  62(1)  ;   States,  re- 
lation of,  62(4)  ;  Federal  government, 

62(6). 
Galleys,  80(20). 
Government,  62(1). 
Goyaz,  66  nS. 

Habeas  corpus,  76(61),  80(22). 
Illiterates,  78(70). 
Immigration,  69(35),  79(10). 
Impeachment,  69(28),  74(52-54),  75(57). 
Imports,   63(7). 
Imprisonment,  79(14). 
Industries       and       professions,       63(9), 

69(35). 
International  law,  76(60). 
Inventions,  80(25). 
Judges,   73(11),   85(6). 
Judiciary:  64(15)  ;  composition,  74(55)  ; 

salaries,  74(57)  ;  Attorney  General,  75 
(58),      82(81)  ;      power     of      Supreme 

Court,   74(55),    75(59)  ;    State   courts, 

76(62). 
Jury  trial,   81(31). 
Law,  protection  of,  80(15). 


Irasll — Continued. 

Laws.  69(23),  69(33),  70(38). 

Legal  promotions,  65(23). 

Legislative  power  :  64(15)  ;  National  Con- 
gress,  64(16)  ;   elections,   64(16)  ;  see  ' 
also  Senate  ;  Chamber  of  Deputies. 

Legislature,  65(17). 

Loans,   68(2). 

Maranhao,  66  nS. 

Maritime  laws,  76(60). 

Matto  Grosso,  66  nS. 

Military  affairs  :  commands  and  commis- 
sions, 65(23)  ;  militia,  68(20)  ;  forces, 
72(48)  ;  soldiers,  78(70)  ;  officers,  81 
(76,  77)  ;  Supreme  Military  Court,  81 
(77)  ;  military  service  and  instruc- 
tion, 82(80),  82(87). 

Minas  Geraes,  66  nS. 

Mines,  69(29),  77(64),  80(17). 

Ministers  of  State:  72(84),  73(49)  ;  pre- 
side over  ministries,  73(49)  ;  shall  not 
be  elected  President  or  Vice  President, 
73(50)  ;  impeachment,  74(52)  ;  see  also 
President. 

Monastic  orders,  78(70). 

Municipal   authorities,    77(67). 

Municipalities,  77(68). 

National  Congress,  64(16),  67(34). 

National  guard,  68(20). 

National  property,  77(64). 

Naturalization  laws,  69(24). 

Naval  affairs:  forces,  72(48),  82(85), 
83(87)  ;  officers,  81(76,  77)  ;  naval 
school,  83(87). 

Naval  school,  83(87). 

Navigation,   64(13),   68(6),  76(60). 

Officers,  army  and  navy,  81(76,  77). 

Para,  66  nS. 

Parahyba,  66  nS. 

Parana,  66  nS. 

National      Congress,      64(16)  ;      powers, 

67(34)  ;  laws  and  resolutions,  69(36)  ; 

see  also  Legislative   power ;   Chamber 

of  Deputies ;  Senate. 

Patents,  80(25),  nl. 

Peace,  declaration  of,  68(11),  72(48). 

Pedro,  Dom,  de  Alcantara,  85(7). 

Pensions,  81(75). 

Pernambuco,  66  nS. 

Plauhy,  66  nS. 

Police  service,  65(18),  69(30). 

Political    crimes,    76(60). 

Political  rights,  80(28). 

Port  dues,  63(7). 

Post  and  Telegraph:  68(15);  taxes, 
63(7). 

President:  67(29),  70(41),  83(1); 
duties,  74(53);  eligibility,  71(41); 
impeachment,  74(53)  ;  election  71  (47)  ; 
ministers  of  State,  and.  73(40)  ;  oath 
71(44)  ;  power  of,  72(48)  ;  presidential 
message,  73(48)  ;  term,  71(43)  ;  Vice- 
President,  71(41);  see  also  Ministers 
of  State. 

Press,  79(12). 


631 


Brazil 


INDEX. 


Brazil — Continued. 

Products  in   transit,   64(11). 

Professions  :  industries  and,  63(9)  ;  free- 
dom of,  80(24). 

Property:  63(9),  76(60)  ;  rights,  80(17). 

Public  debt,  68(3),  82(84). 

Public  lands.  69(29),  77(64). 

Public  offices,  81(73),  82(82). 

Publications,  79(12). 

Real  estate,  63(9). 

Recruiting,   military,   82(87). 

Religion:  freedom  of,  79(3);  worship, 
64(11). 

Resolutions,  legislative,  70(38). 

Retirement  of  judges,  85(6). 

Revenues,  84(5). 

Rio  de  Janeiro,   66  nS. 

Rio  Grande  do  Norte,  66  nS. 

Rio  Grande  do  Sul,  66  nS. 

Sao  Paulo,  66  nS. 

Santa  Catharina,  66  nS. 

Senate:  power,  65(18),  84(5)  ;  adjourn- 
ment, 66(17)  ;  vacancies,  65(17)  ;  free- 
dom of,  65(19)  ;  composition,  67(30)  ; 
president,  67(32). 

Sergipe,  66  n3. 

Siege,  68(21),  73(48),  81(80). 

Speech,  freedom  of,  79(12). 

Stamp  duties,  63(7). 

State  Constitution,  76(63),  84(7). 

State  courts,  relation  to  Supreme  Court, 
76(62)  ;  see  also  Supreme  Court. 

State  judges,  85(6). 

State  representation,  83(90). 

States,  62(1-5),  64(13),  76(63),  77(64- 
67). 

Subsidies,  68(14),  79(7). 

Suffrage,  66(28),  71(47). 

Supreme  Court,  71(41),  73(12),  74(55- 
59)  ;  composition,  74(56)  ;  power  of, 
75(59)  ;  relation  of  State  courts  to, 
76(62)  ;  see  also  State  courts. 

Supreme  Military  Court,  81(77). 

Taxes,  63(7). 

Trade-marks,  80(27). 

Treaties,  68  (12),  73(48). 

Veto,  69(37). 

Vice-President,    67(32),    71(41,    47),    83 

(1). 
Voto   de  qualidade,  67(32). 
War,  declaration  of,  68(11),  72(48). 
Weights  and  measures,  68(9). 

Bremen  (Germany),  219(1),  221(6),  224  M. 

Bribery  :  United  States,  615(4). 

British  and  Foreign  mate  Papers,  iii ; 
(cited),  3  nl,  11  ni,  34  n2-7,  61  nS,  87 
r\l-3,  87  w2,  nS,  88  nS,  111  nl-G,  151  nl-, 
n3,  nh,  175  n3,  n5,  191  nl,  n2,  192  nl-3, 
217  nl-3,  218  n2-J,,  236  nl,  261  nl-6, 
262  nl,  279  nl,  nS,  295  nl,  n2,  315  nl, 
n2,  351  n2,  352  nl,  359  n2,  375  nl,  391 
nl-.',,  392  nt,  392  nh  nS,  407  nl,  nS,  429 
nl,  431  nl-~3,  457  n2,  nh,  481  nl,  482  n2, 
499  nl,  n2,  517  n2,  553  nl-5,  554  nl,  nS 
587  nl,  590  n2. 


British  Foreign  Office   (statement  cited),  ] 

n2. 
British  Parliamentary  Papers    (cited),  48: 

n2,  489  n2. 
Browne,  E.  G.,  The  Persian  Revolution  o 
1905-1909  (cited),  481  nl,  n2,  482  n2,  481 
n2;  A  Brief  Narrative  of  Recent  Event 
in  Persia  (cited),  481  nl,  482  n2;  Th 
Persian  Constitutional  Movemen 
(cited),  482  nl ;  Twelve  Imams  of  th 
Shiah  Sect  of  Islam,  490  nl. 
Brunswick     (Germany),     219(1),     221(6) 

224  nJ,. 
Brussels  (Belgium),  58(126). 
Buchanan,  Thomas,  359. 
Bucharest  (Roumania),  525(62),  534(124) 
Bucharest,   University  of,  527(73). 
Budget:     Austria,     16(11);     Bulgaria, 
(105),      99(119)  ;      China.      107(19) 
Costa    Rica,    129(77),    140(105),    14 
(1);     Cuba,     161(59),     168(93),     17 
(105)  ;  Egypt,  180(22),  182(35)  ;  Gei 
many,  233(62)  ;   Greece,   265(24),  27 
(60),    273(83);    Haiti,   310(106);    31 
(114)  ;    Honduras,    325(25),    332(135- 
138)  ;  Japan,  357(64)  ;  Nicaragua,  45 
(132),     452(139)  ;     Panama,     468(8) 
Persia,    484(18),    485(20)  ;    Portugal 
511(54)  ;    Roumania,    533(113)  ;    Ru« 
sia,    546(72)  ;    Serbia,    569(112),    57 
(173),    583(196),    586(201)  ;    Turkej 
598(64),  602(96-102). 
Bukowina   (Austria-Hungary),  6(8),  14(1) 

15(6). 
Bulgaria:    87-104. 

Agriculture  and  Domains  of  the  Stati 
Ministry  of,   104(161). 

Alienation  of  territory,  101(142). 

Armed  forces,  98(102). 

Arms,   90(21),   97(102). 

Arrondissements,  88(3). 

Assembly,  right  of,  95(82). 

Associations,  95(83). 

Bills,  legislative,  98(105,  109). 

Boundaries,    88(2). 

Budget,   98(105),    99(119). 

Censorship.   95(79). 

Citizens:  93(54)  ;  change  of  nationalitj 
93(53)  ;  are  equalbefore  law,  93(57) 
alone  may  be  officials,  93(65)  ;  foreig 
subjects,  94(66). 

Civil  list,  91(35). 

Civil  rights,  93(60). 

Clergy,  100(132). 

Commerce,  Industry  and  Labor,  Ministi 
of,  104(161). 

Commissioners,  96(92). 

Commissions,   98(106). 

Communes,  88(3). 

Confiscation,  95(75). 

Constitution,  mode  of  revision  and  modi 
fication,  104(167-169). 

Constitutional  amendments,  104(167). 

Contributions,  94(69). 


632 


INDEX. 


Bulgrariu 


Balgraria — Continued. 
Corruption,  103(155). 

Council     of    Ministers,     89(19),    92(47), 
100(125),     101(140),     102(143,     14&^ 
156)  ;  see  also  Ministers. 
Court  of  Accounts,  98(105), 
Courts  martial,   94(73). 
Decrees,  89(18). 
Domicile,   95(74). 
Eastern  Rumelia,  87. 
Education.  95(78,   80). 
Education  of  King,  91(32). 
Elections,  101(136). 
Electoral  law,  88. 
Emergency  expenditures,  100(126). 
Equality  before  law,  93(57). 
Executive  power  belongs  to  King,  89(12). 
Exemption  from  taxes,  94(70). 
Expropriation,  94(68), 
Ferdinand  I,  90(24). 
Finance,  Ministry  of,  104(161). 
Flag,  90(23). 
Foreign  afifairs  and  worship.  Ministry  of, 

104(161). 
Foreign  invasion,  94(73). 
Foreign  relations,  89(17). 
Foreigners,  93 (.15),  93(64).  94(66). 
Form  of  government,  88(4). 
Fourteenth  Ordinary  National  Assembly, 

87. 
Freedom  of  worship,  91(40). 
Grand    National    Assembly:    87,    91(34), 
96(85)  ;  convened  by  King,  Regency,  or 
Council    of  Ministers,    101(140)  ;    pur- 
pose, 101(141)  ;  composition,  102(145)  ; 
see  also  National  Assembly. 
Heir  to  the  throne,  90(20),  91(36). 
Holy  Scriptures,  95(80). 
Holy  Synod,  91(39),  95(80). 
Imprisonment,  95(74), 
Insurrection,  94(73). 
Interior  and  Public  Health,  Ministry  of, 

104(161). 
Internal  police,  98(103). 
Judicial  power,  89(13). 
Justice,  Ministry  of,  104(161). 
King,  majority  of,  90(25). 
Laws  :  submitted   to   King  for  his   sanc- 
tion, 92(45)  ;  made  in  the  forms  indi- 
cated   in    Constitution,    92(43)  ;    King 
may  publish  ordinances,  92(47). 
Legislation,     88(9),     98(105,    108-109), 

104(167). 
Letters,  secrecy  of,  95(77). 
Loans,  98(105),  100(123). 
Meetings,  97(99). 
Members  of  Assembly,  97(95). 
Military      affairs,      89(11),      94(71-72), 

98(102). 
Ministers,  96(90),  98(105),  102(148), 
103(152,  153,  158,  160)  ;  see  also 
Council  of  Min.sters. 
National  Assembly:  92(49)  ;  composition. 
96(86)  ;  elegibility,  90(86)  ;  freedom  of 
opinion  of  members,  97(93)  ;  meetings 


BnlHraria — Continued. 

National  AsK»'ml>ly — Continued. 

are    public,    97(99)  :    rules,    98(108)  ; 
bills     presentcil,     99(114)  ;     tie     vote, 
99(117)  ;  budget,  99(119)  ;  convening, 
100(128)  ;  oath  of  members,  100(131)  ; 
King's     speech,     101(133)  ;     ace     also 
Grand  National  Assembly. 
Nationality,  03(56). 
Nobility,  titles  of,  93(58). 
Oath  of  Assembly,  100(131). 
Oath  of  heir  to  the  throne,  91(34). 
Offices  of  State,  104(104). 
Officials.  93(65). 

Ordinary  National  Assembly,  87,  96(85). 
Orthodox  Christian  Religion,  91(37). 
Orthodox  Church,  95(80). 
Orthodox  schools,  95(80). 
Ottoman  Empire,  87. 
Pardon,  89(15),  103(159). 
Pension,  104(166). 
Petitions,  98(106). 
Police  laws,  93(62). 
Political  rights,  93(60). 
President  of  National  Assembly,  96(88) 

97(93),  102(145). 
Primary  instruction,  95(78). 
Primogeniture,  90(24). 
Printers,  95(79). 
Property,  immovable.  93(63). 
Property  of  State:  belongs  to  Kingdom, 
92(51)  ;  alienation  of,  93(52)  ;  admin- 
istration of,  93(53). 
Property  rights,  94(67). 
Proposals,  legislative,  98(109),  104(167). 
Public  Instruction.  Ministry  of,  104(161). 
Public  order,  93(62). 
Public  Works,  Ministry  of,  104(161). 
Publicity  of  AsseniM'-    "T'1«m»). 
Publishers,  95(79). 
Queen,   103(3). 

Railways,   Posts   and   Telegraphs,   Minis- 
try of,  104(161). 
Regency,      89(19),      90(26),      101(140), 

102(143), 103(2). 
Regulations,  89(18). 

Religion:    State    religion,    91(37);    free- 
dom of  worship,  91(40)  ;  ecclesiastical 
affairs,  92(42). 
Representatlvew,  96(87),  97(97). 
Residence  of  King,  89(19). 
Russo-Turklsh  War,  87. 
San  Stefano,  87. 
Seal,   90(22). 

Secret  stipulations,  89(17). 
Siege,  94(73). 
Slavery,  93(61). 

State  property,  see  Property  of  State, 
Succession     to     the    throne,     90(24-26), 

91(32,  34-3.'),  37). 
Taxes,  92(48),  94(69-70).  98(105). 
Telegrams,  secrecy  of,  95(77). 
Territory:     districts.     88(3);     boun<lary 
lines,  88(2)  ;  may  not  be  increased  or 
diminished,  88(1). 


88381—19- 


41 


Bulgaria 


INDEX. 


Bnlg-arla — Continued. 

Tirnovo,   87. 

Titles  of  nobility,  93(58). 

Torture,  95(75). 

Treaties,   89(17). 

Tutors  of  King,  91(33). 

Vice-President     of     National     Assembly, 
96(88),  102(145). 

War,  Ministry  of,  104(161). 

Writers,   95(79). 
Bulla  Aurea,  25. 

Bulletin  des  Lois  (Haiti),  304(66). 
Bundesrat  (Germany),  see  Germany:  Bun- 

desrat. 
Buoys:   Germany,  220(4). 
Buzeu    (Roumanian,  525(62). 

Cairo,  177(3). 

California  (U.  S.  A.),  621  n2. 

Calvados,  Department  of  (France),  210(2). 

Canals:    Cuba,    161(59);    Egypt,    179(18), 

184(38)  ;  Germany,  220(4). 
Canas-Jerez  (Costa  Rica),  113(5). 
Cantal,  Department  of  (France),  210(2). 
Cap-Haltien  (Haiti),  299(32). 
Capital  punishment,  see  Death  penalty. 
Capitation:  United  States,  612(9). 
Carinthla   (Austria-Hungary),  6(8),  14(1), 

15(6). 
Carniola    (Austria-Hungary),    6(8),   14(1), 

15(6). 
Carrera,  Rafael,  279. 
Cartage   (Costa  Rica),  143(116). 
Castel    Gandolfo    (Italy),    348(5). 
Catholic     Church,     see     Roman     Catholic 

Church. 
Caution  money,  394(24),  521(24). 
Cavalry,  see  Military  affairs. 
Cayes  (Haiti),  299(32). 
/Ceara  (Brazil),  66  n3. 
Cemeteries:  Portugal,  500(9). 
■  Cens,  526(63). 
■Censorship:     Bulgaria,     95(79);      Greece, 

264(14)  ;  Guatemala,  282(26)  ;  Haiti, 

297(16)  ;  Luxemburg,  394(24)  ;  Monte- 
negro,   427(210)  ;    Panama,    461(27)  ; 

Persia,    491(20);    Portugal,    521(24); 

Serbia,  557(22). 
Census:    Brazil,    67(28);    Haiti,    299(32); 

Liberia,  365(7)  ;  Nicaragua,  448(36)  ; 

Panama,      465(16);      United      States, 

608(2),  612(9). 
Central  America,   433(10). 
Central  American  Federation,  111,  279,  315 

(1),  431,  432(2). 
Central  Americans,  316(8),  432(9). 
Chance,  see  Games  of  chance. 
Charente,  Department  of  (France),  210(2). 
Charente-Inferieure,     Department     of 

•     (France),  210(2). 
Charles      (of      Hohenzollorn-Sigmaringen), 

517,  528(82). 
Charles  II   (England),  258  nS. 
Charles  VI    (Liechtenstein),   375. 
Charleville    (France),   200(12). 


Chambord,  Comte  de,  192(11). 
Charity  and   charitable  Institutions :  Nica- 
ragua,   443(87)  ;     Panama,    461(34)  ; 
Serbia,  583(193). 
Cher,  Department  of  (France),  210(2). 
Chiesa      nuova      (Parish,      San      Marino), 

550(9). 
China  t    105-110. 

Advisory  Council:  composition,  107(17)  ; 
election  to,  107(17)  ;  powers,  107(19)  ; 
meetings,  107(20)  ;  president  of, 
108(24)  ;  members,  108(25)  ;  procedure, 
108(27)  ;  dissolution,  108(28). 

Ambassadors,  109(34). 

Amnesty,   109(40). 

Army,  108(32). 

Arrests,  106(6),  108(25) 
Assembly,  freedom  of,  106(6). 

Association,  freedom  of,  106(6). 

Ballot,  108(24). 

Bills,  legislative,  109(38,45). 

Bribery,  107(19). 

Budget,   107(19). 

Cabinet :  members  assist  Provisional 
President,  109(44)  ;  impeachment  of, 
109(47)  ;  see  also  Provisional  Presi- 
dent. 

Chinghai,  106(3),  107(18). 

Chung  Hua  Min  Kuo,  105. 

Citizens  and  citizenship :  rights  of  citi- 
zens, 106(5)  ;  duties,  106(13). 

Civil  cases,   110(49). 

Civil  officials,  108(34). 

Civil  rights,  107(15). 

Class  distinction,  106(5). 

Commander-in-chief,  108(32). 

Constitution,  may  be' amended,  110(55)., 

Contracts,  107(19). 

Council  of  State,  105. 

Criminal  cases,  110(49). 

Currency,  107(19). 

Decorations,  109(39). 

Department  of  Justice,  110(48). 

Domicile,  106(6). 

Elections,   107(18). 

Enlistment,  106(14). 

Equality,   106(5). 

Executive  power,  108(30). 

Exigency,  extraordinary,  107(15). 

Foreign  affairs,  109(37). 

High  treason.  107(19). 

Impeachment,  107(19),  109(41,  47). 

Infringement  of  laws,  107(19). 

Inner  Mongolia,  106(3),  107(18). 

Insignia  of  honor,  109(39). 

Interpellations,  107(19). 

Judgments,  106(8). 

Judiciary:  judges  appointed,  110(48); 
shall  try  civil  and  criminal  cases, 
110(49)  ;  trials  shall  be  public,  110 
(50)  ;  judges  shall  not  be  removed, 
110(52). 

Kuo-ming-tang,   105. 

Law  bills,  107(19). 

Laws,  promulgation  of,  108(30). 


634 


INDEX. 


Coinage 


China — Continued. 

Legal  sugj;e8tions,  107(19). 
Legislative  power,  see  Advisory  Council. 
Letters,  secrecy  of,  106(6). 
Loans,  107(19). 
Meetings,   107(20). 
Migration,  106(6). 
Military  affairs,  100(14),  109(34). 
Military  officials,  109(34). 
Ministers,  109(34). 
Nanking,  105. 

National  Assembly :   shall   convene  after 
promulgation   of   provisional   constitu- 
tion,   110(53)  ;    constitution    shall    be 
adopted  :  provisional  constitution  may 
be  amended,  110(55). 
Navy,  108(32). 
North  China,  105. 
Official  duties,   107(19). 
Official  regulations,  108(33). 
Outer  Mongolia,  106(3),  107(18). 
Pardon,  109(40). 
Petitions,   107(19). 

President,  105  ;  see  Provisional  President. 
Property,  106(6). 
Provinces,  107(17). 
Provisional  Constitution,  110(55). 
Provisional    President :    election    by   Ad- 
visory    Council,     108(29)  ;     represents 
provisional  government,  108(30)  ;  shall 
be    commander-in-chief,    108(32)  ;    ap- 
points    civil     and     military     officials, 
109(34)  ;    impeachment    of,    109(40)  ; 
Vice-President    taljes    his    place,     109 
(42)  ;   members  of   Cabinet,   109(43)  ; 
see  also  Cabinet. 
Provisonal  Vice-President,  108(29). 
Public  meetings,  108(21). 
Public  order,  107(15). 
Public  welfare,  107(15). 
Race  distinction,  106(5). 
Religion,    100(5). 
Rights,  civil,  107(15). 
Secret  meetings,   108(21). 
Secretaries  of  State,  109(43). 
Siege,  109(36). 
Soldiers,  106(14). 
South  China,  105. 
Sovereignty,  106(1). 
•Speech,  freedom  of,  106(6). 
.    Sun   Yat-sen,   105. 

Supreme  Court,  109(41). 

Taxation,  106(13),  107(19). 

Tibet,  106(3),  107(18). 

Trade.  106(6). 

Treasury,    107(19). 

Treaties,  109(35). 

Trial,   106(8). 

Tsan  Cheng  Yuan,  105. 

Veto,   108(23). 

Vice-President,     see     Provisional     Presl 

dent ;    Provisional   Vice-President. 
Vote,    106(12). 
War,  declaration  of,  109(35). 
Weights  and  measures,  107(19). 


China — Continued. 
Yangtse  River,  105. 
Yuan  Shlh-kai,  105. 
China   Year   Book    (cited):    1916,   105   nJ ; 

1917  and  1918,  105  n2. 
China's  New  Constitution  and  International 

Problems,  see  Tyau,  Min-ch'ien,  T.  Z. 
Chlnghai  (China),  106(3)   107(18). 
Chiriqui   (Panama),  458(14). 
Christians,  540  nt. 
Christians,  non-,  540  nl. 
Christophe,  295. 
Chung  Hua  Min  Kuo,  105. 
Church  and  State:  Cuba,  155(26)  ;  France, 
203  nl,  205  n3,  207  nl ;  Italy,  349-350 ; 
Russia,  540  nl. 
Church  of  England,  240(1),  259(3). 
Cinque  Ports   (England),  241(9),  253(10), 

256(1). 
Citizens   and    citizenship:    Austria,    11(1), 
17(11)  ;  Belgium,  21-22,  44-46  ;  Brazil, 
77-78,      82(86);      Bulgaria,      93-94; 
China,    106(5,  13)  ;    Costa    Rica,    118- 
121,  123;  Cuba,  152(4),  153(6),  154- 
157;       Germany,       219(3),       224(4); 
Greece,    262-265;    Guatemala,    280(4- 
11)  ;    Haiti,    396(3)  ;    Honduras,   316- 
321 ;  Italy,  340-341  ;  Japan,  353-354  ; 
Liberia,   373(13)  ;   Uechtenstein,  376- 
377 ;    Luxemburg,    393-395 ;    Montene- 
gro,     426-427;      Nicaragua,     432(6)- 
433(13),    434(18)-438(64)  ;    Panama, 
458-463;     Persia,     490(8),     491(13), 
492(24);    Portugal,    501(76),    503(4), 
513(68-74);    Roumania,   518-519, 
522(30),   534(118);   Russia,   541(27)- 
542(41);   Turkey,   591-593;    San   Ma- 
rino,  549(l)-550(3)  ;   Serbia,  555(6)- 
558(31)  ;      United       States,      608(2), 
609(3),  613(1),  616(2).  621(1). 
Civil  death,  393(18)  ;  see  also  Mort  civile. 
Civil  law,  see  Judiciary. 
Civil  list:  Belgium,  53(77),  nl;  Bulgaria, 
91(35)  ;  Egypt,  180(20)  ;  Greece,  267 
(42),  nl;  Italy,  339(19)  ;  Luxemburg, 
396(43)  ;    Montenegro,  411(35)  ;   Rou- 
mania. 531(94)  ;  Serbia  562(66). 
Civil   marriage:   Belgium,   45(16);    Brazil, 
79(4)  ;  Luxemburg,  394(21)  ;  see  also 
Marriage. 
CivU     rights:     Belgium,     45(13);     Brazil, 
80(28)  ;      Bulgaria,      93(60)  ;      Cuba, 
154(3)  ;  Egypt,  178(9)  ;  Haiti,  296(3- 
7)  ;  Nicaragua,  433(13). 
Claca?i,  535(133). 

Cleveland's  Award,  22  March  1888,  113(6). 
Coaling  Stations:  Cuba,  174C7),  nl. 
Code  (Panama),  458(4). 
Coinage:  Belgium.  52(74);  Brazil.  68(7); 
China,  107(19)  ;  Cuba,   161(59)  ;  Ger- 
many,     220(4);      Greece,      207(41); 
Guatemala.    286(8);     HonduraB, 
325(31),     329(29);     Luxemburg, 
396(39)  ;  Montenegro,  408(10)  ;  Nica- 
ragua.    442(17);     Panama,    466(23); 


635 


Coinage 


Ii!^DEX. 


Coinage — Continued. 

Persia,    495(55)  ;     Portugal,     506(9)  ; 
Russia,     539(16)  ;     Serbia,     560(49)  ; 
Turkey,     590(7);     United     States, 
609(3),  611(8),  613(10). 
Colecdon   Legislativa   de   la  Isla   de   Cuba 

(cited),   155   nl. 
Colombia,  457  n2. 
Colon    (Panama),   458(4). 
Colonies  and  possessions:  Belgium,  44(1)  ; 
Germany,  220(4)  ;  Honduras,  320(60)  ; 
Nicaragua,     447(24);      Portugal, 
513(67)  ;  Roumania,  518(3). 
Colorado  (U.  S.  A.),  621  n2. 
Commerce  :    Austria,    16-17  ;    Austria-Hun- 
gary, 4(2)  ;   Belgium,   47(31)  ;   Brazil, 
63(7),   68(5),    69(35)  ;    Bulgaria,    104 
(161)  ;  China,  106(6)  ;  Costa  Rica,  130 
(12)  ;  Cuba,  156(34),  161(59),  162(8), 
174(5)  ;     Germany,     220(4),     222(8), 
226-228;      Haiti,     296(5),      308(95); 
Honduras,      325(24,      30)  ;      Hungary, 
29(14);    Japan,    356   nl ;    Luxemburg, 
402(99)  ;  Montenegro,  424-425;   Nica- 
ragua, 442(7,  16),  444(79)  ;   Panama, 
460(22),  468(3),  476(135)  ;  Portugal, 
506(8)  ;   Roumania,  533(108)  ;   Serbia, 
570(118),     579(170)  ;    United    States, 
611(8),   612(9). 

Communes:  Bulgaria,  88(3);  Haiti, 
309(103),  310(106),  313(B)  ;  Luxem- 
burg, 403(107),  404(108)  ;  Roumania, 
532  (106-107)  ;  Serbia,  578(160)- 
579(169). 

Complaint,  right  of,  see  Petition,  right  of. 

Compromis  (between  Austria  and  Hun- 
gary) of  1867,  11. 

Concessions:  Egypt,  183(37);  Honduras, 
320(60)  ;  Panama,  485(24). 

Confiscation:  Bulgaria,  95(75);  Cuba, 
156(33)  ;  Greece,  265  (18)  ;  Honduras, 
320(49),  321(69)  ;  Liechtenstein, 
377(16)  ;  Nicaragua,  437(46)  ;  Pan- 
ama, 462(44)  ;  Serbia,  556(17)  ;  Tur- 
key, 589,  593  (24). 

Congo  Free  State,  43,  51  nk- 

Congresso  degli  Studi  (San  Marino),  549. 

Gongresso  del  Legali  (San  Marino),  549. 

Congresso  Economico  di  State  (San  Ma- 
rino), 549. 

Congresso  Militare  (San  Marino),  549. 

Connecticut  (U.  S.  A.),  621  n2. 

Conscription :  Greece,  270(60)  ;  Italy, 
346(75). 

Constables:   Great  Britain,  242(17). 

Constant,  Benjamin,  Botelho  de  Megalhaes, 
85(8). 

Constantinople,  262(2),  590(2). 

Constitutions  modernes,  Les,  see  Dareste,  F. 
R.,  et  P.  Dareste,  Les  Constitutions 
modernes. 

Consular  aflEairs  :  Cuba,  159(4)  ;  Germany, 
232(56)  ;.  Honduras,  328(15);  Liberia, 
366(1),  368(5)  ;  Nicaragua,  446(11). 


Contracts:      Cuba,     154(13);     Guatemala, 
284(50),  286(6)  ;  Honduras,  323(86) 
326(99),     329(113)  ;     Nicaragua,     443 
(25),  447(24)  ;  Panama,  461(30),  465 
(65),  468(10). 
Conventions:     Persia,    485(24);     see    also 

Treaties. 
Copts,  177(3). 
Copyright:    Brazil,  80(26)  ;  United  States, 

611(8). 
Coroners:  Great  Britain,  242(17). 
Corporations:     Greece,    264(16);    Panama, 

460(18). 
Correspondence,  see  Letters,  secrecy  of. 
Correze,   Department  of    (France),   210(2), 
Corse,  Department  of  (France),  210(2). 
Costa  Rica:  111-150,  431(1). 
Accusation,  113(6). 
Agriculture,  130(12). 
Alajuela,  143(116). 

Aldermen,  141(110),  144(117),  149(4). 
Alienation  of  territory,  130(6). 
Amnesties,  138(12). 
Anderson-Porras    Treaty    of    17    March 

1910,  113(5). 
Armed  forces,  129(77). 
Arrest,  116(30). 
Arts  and  trades,  130(12). 
Assembly,  legislative,  149(4). 
Assembly,  right  of,  117(36). 
Authority,  113(6). 
Banking,  130(8). 
Bills,  132(80). 
Boundaries,  112(3). 
Budget,  129(77),  140(105),  149(1). 
Canals,  112(3). 
Caiias-.Ierez,   Treaty   of,    15   April    1858, 

113(5). 
Cartago,  143(116). 
Catholic      Apostolic      Church,      Roman, 

113(8). 
Central   American  Federation,  111. 
Citizens:    118-121;    foreigners,    119(2), 
120(49)  ;  loss  of  nationality,  119(41) 
duties,  120(45)  ;  eligibility  to,  120(46) 
suffrage,  121-123. 
Citizenship,  118(39),  119(41). 
Civil  cases,  115(20),  116(22). 
Cleveland's     Award,     22     March      1888 

113(5). 
Commander-in-chief,  137(99). 
Commerce,  130(12). 
Congress  :  sessions  to  be  public,  127(69) 
power    of,    128(76)  ;    and    the    transi 
tional  period,  149(4). 
Constituent  Assembly,  112(1),  148(125) 

149(3). 

Constitution :      146-148 ;      provision     o 
amendment,    146,    142-148(25)  ;    tran 
sitory  provisions,  149-150. 
Constitution  of  1871,  148(126). 
Constitutional   oath,    124(59). 
Council  of  the  Cabinet,  146(122). 
Council  of  Ministers,  118(38),  134(89). 
Counterfeiters,    120(42). 


636 


INDEX. 


Costa  Rica 


Costa  Rica — Continued. 

Courts,  see  Judiciary. 

Debts,  115(17). 

Defense,  114(15). 

Department  of  National  Statistics, 
124(59). 

Deputies:  122(55),  150(7)  ;  requirements, 
124(60)  ;  who  can  not  be  elected, 
124(61-62). 

Detention,  118(38). 

Diario  Oficial,  120(05). 

Diplomatic  affairs,   128(75). 

Dismissal   from  office,   131(78). 

Domicile,  117(33). 

Education,  113(6-9). 

Election,  121(50). 

Emigration,  117(32). 

Equality  before  law.  114(13). 

Executive  power,  112(4). 

Expropriation,  114(15). 

Expulsion,  117(32). 

Extraterritoriality,  119(41). 

Foreign  troops,   129(76). 

Foreigners,  115(16),  119(40),  120(49). 

Governor,  146(123). 

Guanacaste,  143(116). 

Habeas  corpus,  117(31). 

Health  and  hygiene,  130(12). 

Heredia,  143(116). 

Human  life,   116(29). 

Hygiene,  130(12). 

Illegitimate  children,  119(41). 

Immigration,  117(32),  130(12). 

Imprisonment,  115(17). 

Improvement  and  recreation,  145(120). 

Incendiarism,  120(42). 

Industry   and    commerce,    130(12). 

Intendant,  122(55),  144(117),  146(121), 
149(4). 

Internal  disturbances,  114(15). 

Interoceanic  canals,  112(3). 

Judiciary :  141-143 ;  judicial  power, 
112(4)  ;  courts  of  justice,  113(7), 
115(21),  141(109)  ;  of  appeal,  141 
(108)  ;  criminal  procedure,  116(28)  ; 
judges,  150(10)  ;  justices  of  the  Su- 
preme Court,  124(6)  ;  vacancies,  143 
(115)  ;  see  also  Supreme  Court  of  Jus- 
tice. 

Jurisdiccidn  contencloso  -  administrativa, 
141(109). 

Legislative  power :  vested  in  Congress, 
112(4),  123(59)  ;  convening  of  cham- 
bers, 126(67)  ;  see  also  Deputies ;  Sena- 
tors. 

Lighting  system,  145(120). 

Lim6n,  143(116). 

Loans,  130(7),  131(78). 

Loubet's  Award,  11  September  1900,  113 
(5). 

Markets,  145(120). 

Marriage,  138(14). 

Mayors,  150(10). 

Memorial   honors,   130(10). 
Migration,  117(32). 


Conta  Rica — Continued. 

Military  affairs  :  military  forces,  114(12), 

122(54);      military      jurisdiction, 

116(25)  ;     competence     of     legislative 

body    In,    129(7)  ;    military    degrees, 

130(9),  137(99)  ;  military  operations, 

136(92). 
Ministers:    eligibility,    140(105);    dutie.s 

140(104-107)  ;  of  State,   124(61)  ;  of 

Finance,   140(106). 
Ministro  de  Oobernacion,  135(91). 
Minors,  138(13). 

Municipalities.   122(55),  143-146. 
Murderers,  120(42). 

Nationality:   118(39);  loss  of,  120(43). 
National  territory,  112(3). 
Naturalization,  119(40). 
Nicaragua,  113(5). 
Normal  schooLs,  113(9). 
Oath  of  office,  114(11). 
Panama,   113(5). 
Pardon,  138(11). 
Peace,  128(76),  137(99). 
Penalties,  116(24). 
Petition,  right  of,  117(37). 
Physical   constraint,   116(27). 
Pirates,  120(42). 
Plagiarists,  120(42). 
Political  combinations.  Illegal,  112(3). 
Political  opinions,   115(19). 
Political   propaganda,   115(19). 
Political  trials,  112(4). 
Popular  elections,  121(52). 
Porras    (Anderson-Porras    Treaty    of   17 

March  1910),  113(5). 
Postal    and    telegraphic    correspondence, 

117(34). 
President :     exercises     executive     power, 

122(55),' 134(89)  ;    requirements,    136 

(93)  ;  term  of  office,  136(95),  139 
(101)  ;  salary,  137(97)  ;  duties,  137 
(99)  ;  message,  138(100)  ;  responsible 

for  offenses  committed,  139(192). 
Press,    117(34). 
Primary  education,  113(9). 
Private  actions,   115(17). 
Professions:  115(16)  ;  professional 

schools,  113(9). 
Professors,  141(110). 
Property  right,  114(15). 
Provinces,  129(77),  143(116). 
Public  authority,  112(3). 
Public  comfort,  145(120). 
Public  health.  117(32). 
Public  officials,  113(6). 
Public  order,  114(15). 
Public  revenues,  138(8). 
Public  service,  112(3). 
Puntarenas,  143(116). 
Railways,  112(3). 
Rebellion,  116(25). 
Revenues.  130(7),  145(120). 
Roads.  145(120). 
Robbers,  120(42). 


637 


Costa  Bica 


i:n^dex. 


Costa  Rica — Continued. 

Roman     Catholic     Apostolic    Church, 
113(8). 

San  Jos6,  143(116). 

Science,  130(12). 

Secondary  education,  113(9). 

Secret  negotiations,  128(75). 

Secretary  of  State,  122(55). 

Sedition,  116(25),  118(37). 

Senate  :  attributions,  131-134. 

Senators,  122(55),  124(60-62),  150(6)  ; 
vacancies,  150(7). 

Sewers,  145(120). 

Slavery,  114(13),  120(42). 

Solicitor,  141(110). 

Sovereign,  113(6). 

Sovereignty,  112(2). 

Squares,  145(120). 

Streets,  145(120). 

Subalternate  officials,  145(120). 

Succession,  149(2). 

Suffrage,  121-123. 

Suplantacidn,  140(103). 

Supreme  Board  of  Health,  145(120). 

Supreme     Court     of     Justice,     122(55), 
131(79),  141(108). 

Syndics,   122(55),   144(117),   149(4). 

Taxes,  145(120). 

Territory,    113(5),   143(116)  ;   alienation 
of,  130(6). 

Trades,  112(3). 

Tramways,  112(3). 

Treason,  112(3),  120(48). 

Treasury,  130(11). 

Treaties,  112(3),  128(76). 

Tribunals,  141(109). 

Universities,  113(9). 

Venal  employment,  113(6). 

Veto,  146(121). 

Vice-intendants,  122(55). 

Vice-President,  122(55),  149(2). 

Violence,  115(20). 

Voting,  121(50). 

War:  114(15),  137(99);  declaration  of, 
128(76). 

Wardens,  117(30). 

Warrant,  117(30). 

Water  system,  145(120).. 

Watermains,  145(120). 

Weights  and  measures,  130(8). 

White's    Award    of    12    September    1914, 
113(5). 

Working  classes,  114(10). 
COte-d'Or,    Department    of     (France),    210 

(2). 
CCtes-du-Nord,    Department    of     (France), 

210(2). 
Courts,  see  Judiciary. 
Courts  martial,  see  Military  affairs. 
Cracow     (Austria-Hungary),    6(8),    14(1), 

15(6). 
Craiova  (Roumania),  525(62). 
Creuse,  Department  of  (France),  210(2). 
Crimean  War,  517. 
Criminal  law,  see  Judiciary. 


Croatia  (Austria-Hungary),  26  M,  29  nS. 
Cuba:   151-174. 

Africans,  153(6). 

Amnesty,  162(10). 

Army,   162(11),   165(17). 

Arrests,   154(16,  20). 

Arts,  156(31). 

Assembly,  right  of,  155(28). 

Authors,  156(35). 

Bahia  Honda  (Cuba)  :  Coaling  Station 
174  nl. 

Banishment,  156(30),  157(4). 

Canals,  161(59). 

Chamber  of  Representatives :  composi 
tion,  159(48)  ;  requirements,  159  (49) 
election,  159(48)  ;  see  also  Senate 
Congress. 

Church  and  State,   155(26). 

Citizens:  152(4)-153(6)  ;  loss  of  nation 
ality,  153(7)  ;  duties,  153(9)  ;  rights 
154-156  ;  suffrage,  156-157. 

Civil  rights,   154(3). 

Coaling  stations,  174(7),  nl. 

Coinage,  161(59). 

Commerce,  161(59),  174(5). 

Congress :  Provisions  common  to  bot 
houses,  159(51)  ;  Salaries,  159  (52) 
Sessions,  160(54)  ;  rules  and  regulj 
tions,  160(56)  ;  powers,  160-162;  at 
also  Chamber  of  Representatives 
Senate. 

Confiscation,  156(33). 

Constitution :  suspension  of  guarantees 
157(40-42)  ;  amendments,  172(115) 
transitory  provisions,  172,  173.  Appen 
dix  of  12  June  1901,  173-174. 

Constitutional  Convention,  172(115). 

Consular  agents,  159(4). 

Contracts,   154(13). 

Correspondence,  155(22). 

Councilors,  168(92). 

Death  penalty,  154(14). 

Debts,  172(1),  173(2). 

Decrees,  154(4). 

Diplomatic  affairs,  164(7). 

Diplomatic  representatives,  159 (4 
165(16). 

Domicile,  155(23-24). 

Education,  156(31). 

Elections,  161(59). 

Electoral  college,  158(45). 

Epidemic  diseases,  174(5). 

Equality  before  law,  145(11). 

Executive  power  vested  in  Presiden 
163(64). 

Finance  :  budget,  161(59),  168(93 
170(105)  ;  public  expenses,  154(6) 
revenues,  161(59). 

Foreign  commerce,  161(59). 

Foreigners,  152(5),  153(6),  153(10 
172(3). 

Form  of  government,  152(1-3). 

Governors:    168(92);    powers,    169(99 
responsibilities,    169  ( 100)  ;    s  a  1  a  r 
170(101)  ;    vacancies,    170(102)  ;    sui 


638 


INDEX. 


Dareste 


Cuba — Continued. 

Governors — Continued. 

pension,   164(13)  ;  see  also  Provincial 
government. 

Guantftnamo.  coaling  station,  174  nl. 
.     Harbors,  161(59). 

Immigration,  156(29). 

Impeachment,  158(47),  168(93). 

Impost,  156(34),  162(8). 

Imprisonment,  154(18). 

Infectious  diseases,  174(5). 

Invasion,  165(17). 

Inventors,  156(35). 

Isle  of  Pines,  174(6). 

Jimaguaya  Constitution,  172(1). 

Judiciary  :  courts,  154(6)  ;  crimes  and 
criminal  procedure,  154(14-15,  19)  ; 
penalties,  154(14,  15,  19)  ;  testimony, 
155(21)  ;  associate  justices,  164(9)  ; 
chief  justice,  158(47),  164(9)  ;  supreme 
court,  166-167  ;  administration  of  jus- 
tice, 167(81-90). 

Laws :  initiative  vested  in  Congress, 
162(61)  ;  preparation  and  promulgation 
of  laws,  162(62),  163(63)  ;  see  alio 
Legislation. 

Legislation:  154(4),  154(12),  158(44); 
see  also  Senate ;  Chamber  of  Repre- 
sentatives ;   Congress  ;   Laws. 

Letters,  secrecy  of,  155(22). 

Loans,  161(59),  168(93),  170(105). 

Mayors:  powers,  170(104),  171(110),  re- 
sponsibility, 171  (111)  ;  vacancies, 
171(113). 

Migration,  155(29). 

Military  affairs:  162(11),  165(17), 
167(90),  173(1),  174(4).  . 

Municipal  government :  general  provision, 
170  (103-104 )  ;  municipal  councils, 
170(105)-171(109)  ;  elections, 
161(59)  ;   see  also  Mayors. 

National  territory,  165(17). 

Nationality,  152(4),  172(2). 

Naturalization,  162(9). 

Naval  affairs,  162(11),  165(17),  174(7). 

Oath  of  office,  163(67). 

Pardon,   165(15). 

Passports,  155(29). 

Petition,  155(27). 

Philippines,   151. 

Political  crime:^,  154(14). 

Population,  172(4). 

Porto  Rico,  151. 

President:  157(42),  qualifications, 
163(65)  ;  election,  160(58),  163(66)  ; 
powers  and  duties,  163(68)-165(20)  ; 
salary,  165(71)  ;  see  also  Vice-Presi- 
dent. 

Property,  156(32),  171(114). 

Provinces,  152(3),  168(91). 

Provincial   councils,    168-169, 

Provincial  government :  general  pro- 
visions. 168(91-92)  ;  provincial  coun- 
cils, 168(93-95),  169(96-98)  ;  see  also 
Governors. 


Cnba-^Continued. 

Public  officers,  164(10). 

Public  order,  157(41). 

Public  peace,  155(25). 

Public  safety,   165(17). 

Railroads,   161(59). 

Rebellion,  165(17). 

Regulations,    154(4). 

Religious  liberty,  155(26). 

Residence,    155(24). 

Roads,  161(59). 

Safe  conduct,   155(29). 

Safety   of   State,   157(41). 

Sanitation,   174(5). 

Secretary  of  State,  functions,  165-166. 

Senate:   composition,  158(45)  ;   election, 

158(45-46)  ;     requirements,     158(46)  ; 

powers,  158(47)  ;  see  aJso  Chamber  of 

Representatives  ;   Congress. 
Slaves,  152(6). 
Social    order,    155(25), 
Sovereignty,  152(1),  156(36),  157(43). 
Spain,    151. 
Spaniards,   153(6). 
Spanish-American  War,  151. 
Speech,  freedom  of,  155(25). 
Suffrage,  156(38). 
Taxes,  156(34),  162(8). 
Territory,  152(3),  157(41),  165(17). 
Trades,  156(31). 
Travel,   155(29). 
Treaties,      159(6),       162(12),      164(7), 

168(93),  173(1). 
Treaty    of    Paris,    10    Dec.    1898,    151, 

152(2),   173(3). 
Treaty  of  28  June  1835,  153(6). 
United  States  military  forces,  151. 
Vice-President :     160  (58);    election, 

165(72)  ;   duties,    165(73-74)  ;   salary, 

165(75)  ;  see  also  President. 
War,  162i(12). 

Wars  of  independence,  163(65). 
Weights  and  Measures,  161(59), 
Cul>a    (Pan-American  Union  Bulletin),  see 

Quesada,  Gonzalo  de. 
Cumania   (Austria-Hungary),   35(4). 
Currier,  C.  F.  A.,  Supplement  to  the  Annals 

of  the  American  Academy  of  Political 

and  Social  Sciences,  March,  1893  (cited), 

193  nl. 
Customs,  see  Commerce. 
Cyprus,  337. 

Dakallph  (Egypt).  177(3). 

Dalmatia  (Austriallungary),  0(8),  14(1), 
15(6),  26  ni,  29  nS. 

Damletta  (Egypt),  177(3). 

Danllo,  Prince  of  Montenegro.  429(3), 

Danube,  principalities  of  (Rouniania),  517. 

Dareste.  F,  R.,  et  P.  Dareste.  Les  Constitu- 
tions modemrs.  Hi.  iv  ;  (cited).  3  tu?,  4 
nt,  n2,  9  nS,  11  nl,  n.'i,  25  nl,  26  nl-i, 
28  n2.  30  n2.  n,J,  34  nl,  43  nl,  nS,  44  nl, 
46  nl,  01  n2,  nS.  88  nl.  111  n7, 
151  n6,  175  ni,  tM,  192  t»J.  193  nl.  218 


Bareste 


INDEX. 


Dareste,  F.  R. — Continued. 

n5,  n6,  240  nl,  n2,  2G1  n6,  nrr,  279  n2, 
295  nS,  315  n4,  337  n2,  nS,  347  nl,  351 
nl,  n2,  359  nl,  375  w2,  391  it6,  392  nl, 
407  ri2,  431  nl,,  457  n^,  482  Ml,  499  nl, 
nZ,  517  Mi,  n2,  532  ri2,  536  m2,  537  nS, 
nJt,  544  w2,  549  nl,  554  w2,  n3,  590  nl, 
n2,  608  Mi. 

Dareste,  P.,  see  Dareste,  P.  R.,  et  P.  Dareste, 
Les  Constitutions  modernes. 

Death  penalty:  Brazil,  80(21)  ;  Cuba,  154 
(14)  ;  Greece,  265(18)  ;  Great  Britain, 
247(7)  ;  Haiti,  297(15)  ;  Honduras, 
318(27)  ;  Luxemburg,  393(18)  ;  Nica- 
ragua, 434(24),  448(39)  ;  Panama, 
477(1)  ;  Portugal,  501(22)  ;  Rou- 
mania,  520(18)  ;  Serbia,  556(13). 

Debts:  Costa  Rica,  115(17)  ;  Cuba,  172(1), 
173(2)  ;  Honduras,  317(21),  323(86), 
330(113);  Nicaragua,  437(47), 
449(115)  ;  United  States,  613(10). 

Decorations:  Greece,  267(40);  Italy, 
346(80)  ;  Japan,  353(15)  ;  Nicaragua, 
441(85-86)  ;  Persia,  494(47)  ;  Portu- 
gal, 500(3)  ;  Russia,  539(19). 

Defense:  United  States,  611(8). 

Degrees,  academic  and  literary  :  Honduras, 
325(91)  ;  Nicaragua,   443(86). 

Delaware  (U.  S.  A.),  608(2),  621  n2. 

Delpech,  J.,  see  Moreau,  P.,  et  J.  Delpech, 
Les  R^ylements  des  AssemhUes  legis- 
latives. 

Desemhargadores,  85(6). 

Designados:  Guatemala,  285(4),  288(69), 
293(6)  ;  Nicaragua,  455(106)  ;  Pan- 
ama, 466(67),  470(80). 

Dessalines   (General),  295. 

Deux-S&vres,  Department  of  (France),  210 
(2). 

Diario  de  Sesiones  de  la  Convention  Con- 
stituyente  de  la  Isla  de  Gulia  (cited), 
155  nl,  161  nl. 

Diario  Offlcial   (Brazil)    (cited),  61  nS. 

Diario  Ofloial  (Costa  Rica),  126(65). 

Diplomatic  affairs:  Brazil,  65(23),  73(48)  ; 
Costa  Rica,  128(75)  ;  Cuba,  159(4), 
164(7),  165(16)  ;  Greece,  277(102)  ; 
Honduras,  317(15),  328(14)  ;  Nicara- 
gua, 433(15),  446(11)  ;  Panama,  468 
(3)  ;  see  also  Ambassadors. 

District  "of  Columbia  (U.  S.  A.),  611(8). 

Districto   Federal    (Brazil),   66   nS. 

Dodd,  W.  P.,  Modern  Constitutions,  iii,  iv ; 
(cited),  3  n2,  4  nl,  9  nS,  11  nl,  n2,  26 
m2,  28  m2,  44  nl,  61  n2,  nS,  192  m4,  193 
nl,  218  n5,  n6,  337  n3,  347  nl,  351  nl, 
n2,  354  n2,  537  nS,  ti.',,  607  n2. 

Dolj  (Roumania),  525(62). 

Domagnano  (Parish,  San  Marino),  550(9). 

Domicile,  right  and  inviolability  of:  Aus- 
tria, 12(6,  9),  17(11);  Belgium,  45 
(10)  ;  Brazil,  79(11)  ;  Bulgaria,  95 
(74)  ;  China,  106(6)  ;  Costa  Rica,  17 
(33)  ;  Cuba,  155(23-24)  ;  Germany, 
220(4);  Greece,   264(12);   Guatemala,' 


Domicile — Continued. 

283(38)  ;  Haiti,  297(11)  ;  Honduras, 
319(44)  ;  Italy,  340(27)  ;  Japan,  353 
(22,  25)  ;  Liberia,  361(9)  ;  Liechten- 
stein, 376(12)  ;  Luxemburg,  393(15)  ; 
Montenegro,  426(204)  ;  Nicaragua, 
433(10),  436(38)  ;  Panama,  460(23)  ; 
Portugal,  501(15);  Russia,  541(33); 
Serbia,  556(15)  ;  Turkey,  592(22). 

Dominican  Republic,  295. 

Dordogne,  Department  of  (France),  210(2). 

Doubs,  Department  of  (France),  210(2). 

Drains:  Egypt,  179(18),  184(38). 

Drave  (River),  26  nh 

Drome.  Department  of  (France),  210(2). 

Dual  Monarchy  (Austria-Hungary)  :  forma- 
tion, 3  ;  organization  and  Constitution, 
4—10  ;  see  Austria-Hungary. 

Duties,  see  Commerce. 

Durazzo   (Albania),  1. 


East  Flanders   (Belgium),  44(1). 

Eastern  Orthodox  Church :  Bulgaria,  91 
(37),  95(80)  ;  Greece,  262(1)  ;  Monte- 
negro, 411(40),  421(129-137)  ;  Rou- 
mania, 520(21)  ;  Russia,  540  nl;  Ser- 
bia, 554(3). 

Eastern  Rumelia  (Hungary),  87. 

Education:    Austria,    17(11);    Belgium,    45 

(17)  ;  Brazil,  69(30,  35),  79(6)  ;  Bul- 
garia, 95(78,  80)  ;  Costa  Rica,  113 
(6-9)  ;  Cuba,  156(31)  ;  Egypt,  182 
(35),  183(36-37,  41^2)  ;  Greece,  264 
(16)  ;  Guatemala,  282(27)  ;  Haiti,  297 

(18)  ;  Honduras,  320(57),  329(24)  ; 
Italy,  342(19)  ;  Japan,  356  nl;  Liech- 
tenstein, 381(51-54)  ;  Luxemburg,  394 
(23)  ;  Montenegro,  421  (138)-422 (140)  ; 
Nicaragua,  432(6),  443(87),  447(18)  ; 
Panama,  461(34),  465(13),  468(14), 
476(133)  ;  Persia,  491(19)  ;  Portugal, 
500(10)  ;  Roumania,  521(23),  525(61)  ; 
Serbia,  557(21),  583(192)  ;  Turkey, 
592(15),  604(114),  605(119). 

Edward    I,    Charter    of,    1297     (England), 

240  n2. 
Ksrypt:   175-190. 

Agriculture,  183(36),  186(42). 

Alexandria,   177(3). 

Arab   Bedouins,    177(3). 

Assiut,   177(3). 

Assuan,   177(3). 

Bandars,   183(37),   184(2). 

Bedouins,  177(3). 

Behera,  177(3). 

Beni-Souef,  177(3). 

Birket,  186(41). 

Boundaries,  183(37). 

Budget,  180(22,  23),  182(35). 

Business  men,  177(3). 

Cairo.  177(3). 

Canals,  179(18),  184(38). 

Cemeteries,  public,  183(37). 

Civil  list,  180(20). 


640 


INDEX. 


Engineers 


E«ryi»t — Continued. 

Civil  rights,  178(9). 

Committee  of  the  Provincial  Council, 
185(40). 

Communication,  183(36). 

Concessions,   183(37). 

Constitution,  amendments,   190(54). 

Council  of  Ministers,  176(2),  178(8), 
182(32). 

Copts,  177(3). 

Dakalieh,  177(3). 

Damietta,  177(3). 

Decree  of  29  i^opt.  1883,  190(54). 

Drains,  179(18),  184(38). 

Education,  182(35),  183(36-37),  186(41- 
42). 

Electoral  law,  176(2). 

Engineers,   177(3). 

Ezhehs,   185(40). 

Fairs,   184(38). 

Fayoum,  177(3). 

Finance:  Minister  of,  180(22),  183(35)  ; 
Department  of,   181(24). 

Foreign  Powers,  180(20). 

Oeneral  Assembly,  175. 

Ohatnrs,  184(40). 

Oharbieh,   177(3). 

Gifts,  187(42). 

Girgeh,  177(3). 

Gizeh,  177(3). 

Handicraft,  186(42). 

Health,  public,  183(36),  185(39). 

Hospitals,  183(37). 

Internal  affairs,   178(9). 

International  agreements,  180(20). 

Irrigation,   183(36). 

Ismailia,   177(3). 

Judiciary,   183(37),   189(51). 

Judicial   circumscription,   183(37). 

Justice,  Minister  of,  189(51). 

Kalioubieh,  177(3). 

Kena,  177(3). 

Khedive,  175,  188(47). 

Laws:  No.  2  of  1911,  190(54)  ;  No.  7  of 
1912,  190(54)  ;  Nos.  3,  18  and  22  of 
1909.  190(54)  ;  Organic  Law  of  1  May 
188.3,   190(54). 

Legislative  Assembly  :  176-187  ;  composi- 
tion, 176-178;  ministers,  176(2);  as- 
signments by  district,  177(3)  ;  assign- 
ments by  classes  of  population,  177(3)  ; 
oath  of  members,  177(5)  ;  vacancy, 
178(7)  :  powers  and  attributions,  178- 
181  ;  procedure,  181-182  ;  sessions, 
181(30)  ;  renewal.  189(52)  ;  see  also 
Provincial  Council. 

Legislative  Council,   175. 

Loans,  179(18). 

Local  commissions,  183(37). 

Local  regulations,  184(2). 

Markaz,  187(44). 

Markets,  184(38). 

Medical  men,  177(3). 

Menoufleh,   177(3). 

Minieh,  177(3). 


E«:ypt — Continued. 

Ministers:  170(2).  181(27-29);  of  Fi- 
nance. 180(22),  183(35)  :  of  Public 
Works,  184(2)  ;  of  the  Interior, 
185(40).    189(49). 

MoQdir,  183(35),  184(2).  189(49). 

Moodirieh,  176(2),  182(35),  183(37). 

Municipal  representatives,  177(3). 

Native  Court  of  Appeal,   189(51). 

Nile,   186(41). 

Oath  of  fidelity.  177(3). 

Oljservations.  180(22). 

Official  Journal,  190(55). 

Organic  and  electoral  laws,  175. 

Organic  Law  of  1  May  1883,  190(54). 

Ottoman  Empire,  175. 

Petition,  right  of.  181(25). 

Political  rights,  178(9). 

Port  Said,  177(3). 

President,  176(2). 

Promulgation  of  laws,  178(9). 

Provincial  Councils:  175,  176(2),  182- 
189;  attributions,  182(35)-187(43)  ; 
composition  and  procedure,  187(44)- 
189(50)  ;  ace  also  legislative  Assem- 
blj. 

Public   debt.   180(20). 
Public  security,   183(36). 
Public  servants,   180(20),   183(37). 
Railways.   179(18).  183(37) 
Religious  representatives,  177(3). 
Sharkieh,  177(3). 
State  property,  183(37). 
Suez,   177(3). 
Taxes,  179(17). 
Tribute,   180(20). 
Vacancies,  177(3),  188(46). 
Vice-President,   176(2). 
Villages,   183  (.37). 
Wages,   185(40). 
Elections:     Bulgaria,      101(136);      China, 
107(18);  Costa  Rica,  121(50);  Cuba, 
158(45),     161(59)  ;     France,     194(5), 
198(1),    200(11)  ;    Germany,   224(20), 
225(24,  27)  ;  Haiti,  312(124)  ;  Liberia, 
361(11)  ;    Nicaragua.    438(69)  ;    Pan- 
ama,   465(9).    480(15);    Persia.    481; 
Portugal.    505(22).    514(83);    Russia, 
544  nl;  San  Marino.  549  n2,  650(8-10), 
552(44)  ;  Serbia,  578(160),  679(169)  ; 
Turkey,     598(66),     699(72)  ;     United 
States,  609(4),  610(5),  618(1). 
?:mancIpatIon  :  United  States.  621(1). 
Emigration:  Austria.  12(4)  ;  Brazil,  79(10)  ; 
Costa  Rica,  117(32)  ;  Germany.  220(4)  ; 
Honduras,  320(60). 
Emilia  (Italy).  337  nl. 

Emperor  :  Germany,  223.  224,  280,  231,  232, 
235;  Japan,  851-363;  Russia,  588(4)- 
541(26). 
Employees,  public,  see  Public  officials  and 

employees. 
Encyclopedia  Americana  (cited),  1  nJ. 
Engineers:      Egypt,      177(3);      Roumanla, 
527(69)  ;    Serbia,   567(98). 


641 


English 


INDEX. 


English  church,  240(1),  259(3). 

Entails,  see  Estates. 

Envoys,  see  Ambassadors. 

Epidemic  diseases,  see  Health,  public. 

Erbverein,  Nassauischer,  392  n^. 

Espirito  Santo  (Brazil),  66  nS. 

Essad  Pasha,  1. 

Estates,  entailments  of:  Guatemala, 
281(21)  ;  Honduras,  321(62)  ;  Liberia, 
373(11)  ;  Nicaragua,  437  (49)  ;  Panama, 
462(39). 

Eure,  Department  of  (France),  210(2). 

Eure-et-Loir,  Department  of  (France), 
210(2). 

European  War,   1. 

Evangelical  Church   (Belgium),  57  n^. 

Excises:  United  States,  611(8),  613(10). 

Executive  power  :  Austria,  23-24  ;  Austria- 
Hungary,  5(5),  9(36)  ;  Belgium, 
46(29)  ;  Brazil,  64(15),  70(41)  ;  Bul- 
garia, 89(12)  ;  China,  108(30)  ;  Cuba, 
163(64)  ;  Greece,  265(27)  ;  Honduras, 
326-329  ;  Hungary,  27  ;  Liberia,  366(1), 
367(2),  368(4-6)  ;  Liechtenstein,  375 
(2),  378-379;  Luxemburg,  392(4)-393 
(8),  395-396,  400(76-77)  ;  Nicaragua, 
445-449;  Panama,  466-470,  476(140), 
478(4,  7),  479(9,  12)  ;  Persia,  492(27)  ; 
Portugal,  508(36-37)  ;  Roumania, 
523(35);  Russia,  538(4)-541(26)  ; 
Serbia,  559(38)  ;   United  States,  613(1). 

Exequatur,  290(15),  350  nl. 

Exile:  Persia,  491(14);  see  also  Banish- 
ment. 

Exports,  see  Commerce. 

Expropriation:  Bulgaria,     94(68);      Costa 

.  iRica,    114(15);    Guatemala,    282(28); 

Honduras,  321(67)  ;  Panama,  461(33). 

Extradition:  Brazil,  69(32),  77(66)  ;  Hon- 
duras, 317(16),  331(127)  ;  Monte- 
negro, 427(217)  ;  Nicaragua,  433(16)  ; 
Roumania,   522(30)  ;   Serbia,   558(31). 

Extraterritoriality:    Costa    Rica,    119(41). 

Ezbehs,  185(40). 

Faetano   (Parish,  San  Marino),  550(9). 

Fairs:   Egypt,   184(38). 

Familtenstatut,  391. 

Fayoum   (Egypt),  177(3). 

Felony:  United  States,  610(6),  611(8). 

Ferdinand  I   (Austria),  25. 

Ferdinand  I  (Bulgaria),  90(24). 

Finance:  Austria,  16(17);  Austria-Hun- 
gary, 4(1);  Belgium,  46(27),  55-57; 
Bulgaria,  98(105),  99(119),  104(161)  ; 
Cuba,  154(6),  161(59),  168(93), 
170(105);  Egypt,  180-183;  Germany, 
227(38),  230(49),  2.33(62),  236(71- 
73),  236(69)  ;  Greece,  276(98), 
277(103)  ;  Haiti,  310(109)-311(117)  ; 
Honduras,  325,  328,  332-335;  Hun- 
gary, 29(14),  31(6) ;  Italy,  341(31), 
347(4);  Japan,  357-358;  Liechten- 
stein, 380(40,  43),  381(46-47)  ;  Lux- 
emburg,    402-403 ;     Montenegro, 


Finance — Continued. 

423(155-162)  ;  Nicaragua,  437(55), 
442(10),  446(12),  447  (24),  451-452; 
Panama,  460(26),  462(43),  465(6), 
467(5),  468(8,  9),  473-474,  476(135)  ; 
Persia,  484(18),  485(20,  25),  496 
(71),  497-498;  Portugal,  506(3-5), 
511(54)  ;  Roumania,  533(113,  116), 
535(130);  Russia,  546(72-76);  Ser- 
bia, 579(170-580(178)  ;  Turkey,  598 
(64),  602 (96) -603 (107)  ;  United 
States,  611(8),  612(9);  see  also 
Loans. 

Finist^re,  Department  of  (France),  210(2). 

Finland,  537,  538  nl. 

Finnish  affairs,  538  nl. 

Fiorentino  (Parish,  San  Marino),  550(9). 

Firman,  Shah's  (Persia),  481  nl. 

Fiume,  39(4). 

Flanders   (Belgium),  44(1). 

Florida  (U.  S.  A.),  621  n2. 

Focshani   (Roumania),  525(62). 

Force  majeure,  386  nl. 

Foreign  affairs :  Austria-Hungary,  4  nS , 
Brazil,  73(48)  ;  Bulgaria,  89(17), 
104(161)  ;  China,  109(37)  ;  Egypt 
180(20);  Germany,  223(8),  224(3); 
Honduras,  316,  317,  328(15) 
330(114)  ;  Japan,  356  nl;  Nicaragua 
4§3(10),  446(11)  ;  Russia,  539(12) 
Serbia,    560(52). 

Foreign  Constitutions  [The  Convention  Ma/, 
ual  of  the  Sixth  New  York  State  Cot 
stitutional  Convention,  ISd^t'i  (cited) 
44  nl,  61  nl,  61  nS,  193  nl,  218  n6. 

Foreign   military   and   naval   forces :    Cos 
Rica,  129(76)  ;  Greece,  276(99)  ;  Nica 
ragua,     442(20)  ;     Panama,     467(11) 
Roumania.  534(122)  ;  Serbia,  584(199) 

Foreign  Relations  of  the  United  State 
Papers  Relating  to,  359  nS,  457  nl,  n 
nJf. 

Foreigners:  Austria,  12(3),  17(11);  Bel 
gium,  58  (128),  59(133);  Brazil 
76(61)  ;  Bulgaria,  93(55),  93(64) 
94(66)  ;  Costa  Rica,  115(16),  119(40) 
120(49)  ;  Cuba,  152(5),  153(6,  10) 
172(3)  ;  Germany,  220(4)  ;  Guatemala 
281(13),  282(23);  Haiti,  296(4) 
Luxemburg,  404(111)  ;  Montenegro 
427(216)  ;  Nicaragua,  432(3),  433(3 
4,  10),  433(12)-434(17)  ;  Panama 
458(3),  459(9)  ;  Persia,  490(6)  ;  Poi 
tugal,  500(3)  ;  Russia,  540  nl,  542(40) 
Serbia,  558(30),  581(182)  ;  Turkej 
599(10)  ;  United  States,  619(11). 

Forfeiture:  United   States,  616(3). 

Forgery:  Portugal,  501(16). 

France:    191-215,  587. 

Ain,  Department  of,  210(2). 
Aisne,  Department  of,   210(2). 
Algeria,  200(11),  202(20)  n2,  208  n2. 
Allier,  Department  of,  210(2). 
Alpes-Maritimes,  Department  of,  210(2) 
Ambassadors,  193(3). 


I 


642 


INDEX. 


France 


France — Continued. 

Amnesty,  193(3). 

Ardfeche,  Department  of,  210(2). 

Ardennes,  200(12),  210(2). 

Ari&ge,  Department  of,  210(2). 

Armed  forces,  193(3). 

Aube,  Department  of,  210(2). 

Aude,  Department  of,  210(2). 

Aveyron,  Department  of,  210(2). 

Bank  of  France,  202  nS,  205  n2. 

Basses-Alpes,  Department  of,  210(2). 

Basses-Pyr^n^es,  Department  of,  210(2). 

Belfort,  214(3). 

Bonaparte,  Louis  Napoleon,  191(4). 

Bonaparte,  Napoleon,  191(4). 

Bouches-du-Rh6ne,  Department  of,  210 
(2). 

Bourbon  Charter  of  1814,  191(5). 

Calvados,  Department  of,  210(2). 

Cantal,  Department  of,  210(2). 

Cassation,  Court  of,  202  n2. 

Chamber  of  Deputies:  193(1),  194(5), 
197(10)  ;  sessions,  195(1)  ;  election, 
203(l)-208(23)  ;  amendments  to  elec- 
toral law,  213(4)-214(7),  214(1-4), 
215(1). 

Chambers,  dissolution  of,  194(5). 

Chambord,  Comte  de,  192(11). 

Charente,  Department  of,  210(2). 

Charente-Inf6rieure,  Department  of, 
210(2). 

Charlevllle,  200(12). 

Charter,  Bourbon,  of  1814,  191(5), 
195  nS. 

Cher,  Department  of  210(2). 

Church  and  State,  separation  of,  203  nl, 
205  nS,  207  nl. 

Civil  positions,  193(3). 

Constitution:  of  3  Sept.  1791,  191(1); 
of  22  Aug.  1795,  191(3)  ;  of  13  Dec. 
1799,  191(4);  of  14  Aug.  1830,  191 
(7)  ;  of  14  Jan.  1852,  192(9)  ;  see  also 
Constitutional   Law. 

Constitutional  Charter  of  4  June  1814, 
191(6). 

Constitutional  I^w :  of  24  Feb.  1875, 
195.  198(3),  213(9)  ;  of  25  Feb.  1875, 
193-194,  196(5),  198(1,  2);  of  16 
July  1875,  195-197,  198(4)  ;  see 
also  Bourbon  Charter  ;  Constitution  ; 
Coup  d'etat ;  Imperial  Constitution  ; 
Law ;  Organic  Law ;  Republican  Con- 
stitution. 

Consul,  First,  191(4). 

Corr&ze,  Department  of,  210(2). 

Corse,  Department  of,  210(2). 

COte-d'Or,  Department  of,  210(2). 

COtes-du-Nord,  Department  of,  210(2). 

Council  of  Ancients,   191(3). 

Council  of  Five  Hundred,  191(3). 

Council  of  Ministers,  193(4),  197(12). 

Councilors  of  State,  193(4),   202(20). 

Councils,   199(2). 


France — Continued. 

Coup  d'C'tat  of  9  Nov.  1799.  191(4); 
see  also  Constitutional  Law. 

Court  of  Justice,  195(9). 

Creuse,  Department  of,  210(2). 

Departments    (political),    210(2). 

Deux-S6vres,    Department    of,    210(2). 

Diplomatic  affairs,  193(3). 

Directory,  191(4). 

Dissolution  of  chambers,  194(5). 

Dordogne,  Department  of.  210(2). 

Doubs,   Department  of,  210(2). 

DrOme,  Department  of,  210(2). 

Elections:  198(1)  ;  in  Algeria,  200(11)  ; 
electoral  college,  194(5). 

Envoys,  193(3). 

Eure,  Department  of,  210(2). 

Eure-et-Loir,   Department  of,  210(2). 

Finlst&re,  Department  of,  210(2). 

First  Consul,  191(4). 

French  Indies,  210(2),  211(4). 

Gard,  Department  of,  210(2). 

Gers,  Department  of,  210(2), 

Gironde,  Department  of,  210(2). 

Guadeloupe,   210(2). 

Haute-Garonne,   Department   of,   210(2). 

Haute-Loire,   Department  of,   210(2). 

Haute-Marne,   Department  of,   210(2). 

Haute-SaOne,  Department  of,  210(2). 

Haute-Savole,   Department  of,  210(2). 

Haute-Vienne,  Department  of,  210(2). 

Hautes-Alpes,  Department  of,  210(2). 

Hautes-Pyr^n^es,  Department  of,  210(2). 

H^rault,  Department  of,  210(2). 

Hereditary  peerage,  191(7). 

High  treason,  194(6). 

Ille-et-Vilalne,  Department  of,  210(2). 

Impeachment,  197(12). 

Imperial  Constitution,  1870,  192(10). 

Imperial  Constitution.  191(5)  ;  additional 
-     act  of  22  April  1815,  191(5). 

Indies,  French,  210(2),  211(4). 

Indre,  Department  of,  210(2). 

Indre-et-Loire,  Department  of,  210(2). 

Is&re,  Department  of,  210(2). 

July  revolution  of  1830,  191(7). 

Jura,  Department  of,  210(2). 

Karikal,  211(6). 

Landes,  Department  of.  210(2). 

Law:  of  2  Aug.  1875,  213(9);  of  21 
June  1879,  198(1)  ;  of  22  July  1879, 
208-209;  of  14  Aug.  1884,  198(1): 
of  9  Dec.  1884,  210-213  ;  of  16  June 
1885,  213-214  ;  of  26  Dec.  1887,  214  ; 
of  13  Feb.  1889,  214;  of  17  July 
1889,  215 ;  see  also  Constitutional 
Law. 

Legislative  power,  208(1)-209(9)  ;  see 
also  Chamber  of  Deputies ;  Senate ; 
President. 

LoIr-et-Cher,  Department  of,  210(2). 

Loire,  Department  of,  210(2). 

Lolre-Inf^rleure,  Department  of,   210(2). 


643 


France 


INDEX. 


France — Continued. 

Loiret,  Department  of,  210(2). 
Lot,  Department  of,  210(2). 
Lot-et-Garonne,  Department  of,  210(2). 
Louis  XVIII,  191(6). 
Louis  Napoleon  Bonaparte,  192(9). 
Lozfere,  Department  of,  210(2). 
MacMalion,  192(11),  194  n5. 
Maine-et-Loire,  Department  of,  210(2). 
Maitre  des  requgtes,  202(20). 
Manche,  Department  of,  210(2). 
Marne,  Department  of,  210(2). 
Martinique,  210(2). 
Mayenne,  Department  of,  210(2). 
Meurtlie  -  et  -  Moselle,      Department      of, 

210(2). 
Meuse,  Department  of,  210(2). 
Military  affairs,  193(3). 
Ministers,  193(3),  196(6),  197(12). 
Morbihan,  Department  of,  210(2). 
Napoleon  I,  191(4). 
Napoleon,  Louis,  Bonaparte,  192(9). 
National     Assembly,     192(11),     193(2), 

196(3),  197(11),  209(3). 
Ni^vre,  Department  of,  210(2). 
Nobility,  191(7). 
Nord,  Department  of,  210(2). 
Oise,  Department  of,  210(2). 
Organic  Law  :  of  2  Aug.   1875,  198-203, 

212-213(8)  :    of    30    Nov.    1875,    203- 

208  ;  see  also  Constitutional  Law. 
Organic  laws  of  1831,  191(7). 
Orne,  Department  of,  210(2). 
Palace  of  the  Luxemburg,  209(2). 
Palais-Bourbon,  209  ( 1 ) . 
Pardon,  193(3). 

Pas-de-Calais,  Department  of,  210(2). 
Plebiscite  of  21  and  22  Nov.  1852,  192(9). 
Policy  of  government,  194(6). 
Pondichery,   211(6). 
President:  election  193(2)  ;  prerogatives, 

193(2)-194(8)  ;       message,       196(6)  ; 

treaties,     196(8)  ;    impeachment,    197 

(12). 
Public  powers,   195(1)  ;   see  also   Cham- 
ber of  Deputies  ;  President ;  Senate. 
Puy-de-D6me,  Department  of,  210(2). 
Pyr^nees-Orientales,   Department  of,   210 

(2). 
Religion  :  separation  of  Church  and  State, 

203  nl,  205  nS,  207  nl. 
Republican     Constitution :     of    24     June 

1793,    191(2)  ;    of   4    Nov.    1848,    192 

(8). 
Republican  form  of  government,  198(2). 
Reunion,  210(2). 
Rh6ne,  Department  of,  210(2). 
Saone-et-Loire,  Department  of,  210(2). 
Sarthe,  Department  of,  210(2). 
Savoie,  Department  of,  210(2). 
Sedan,  192(11). 
Seine,  Department  of,  210(2). 
Seine-et-Marne,  Department  of,  210(2). 
Seine-et-Olse,  Department  of,  210(2). 
Seine-Inf6rieure,  Department  of,  210(2). 


France — Continued, 

Senate:  193(1),  195(8-11),  197(10,  12) 
sessions,  195(1)  ;  election,  198(1) -203 
(27)  ;    amendment    to    Organic    Laws 
210(1) -213  (9)  ;  parliamentary  inco 
patibilities,  214. 
Senatus-consultum  :   2  and  4  Aug.   18 
191(5)  ;    7    Nov.    1852,    and    8    Se] 
1869,  192(9)  ;  21  May  1870,  192(10) 
Somme,  Department  of,  210(2). 
State  functions,  193(3). 
Suffrage:    extension,    191(7);    unlversi 

193(1). 
Tarn,  Department  of,  210(2). 
Tarn-et-Garonne,  Department  of,  210(2 
Thiers,  192(11). 
Treason,  194(6). 
Treaties,  196(8). 
Var,  Department  of,  210(2), 
Vaucluse,  Department  of,  210(2). 
Vendue,  Department  of,  210(2). 
Versailles,  194  n7,  198  n2,  209(3). 
Vienne,  Department  of,  210(2). 
Vosges,  Department  of,  210(2). 
War,  declaration  of,  197(9). 
Waterloo,  191(5). 
Yonne,  Department  of,  210(2). 
Free  ports:  Germany,  226(34), 
Freedom   of  person,   see   Citizens   and  ci 

zenship. 
French  Indies,  210(2),  211(4). 
French  language,  345(62),  395(29). 
Fu,  354  n2. 
Funic   and    Wagnall's   New   Standard    Di 
tionarp     of     the     English     Language 
(cited),  177  nl. 


Oaceta  (Cuba)   (cited),  151  nJ,. 

Gaceta,  La  (Costa  Rica)    (cited),  111  n&. 

Gaceta  Oflcial   (Panama),  477(148). 

Galatz   (Roumania),  525(62). 

Galicia  (Austria-Hungary),  6(8),  14(1),  15 

(6). 
Galleys:  Brazil,  80(19). 
Games  of  chance  :  Panama,  462(37). 
Gard,  Department  of  (France),  210(2). 
Geffrard,  295. 
Gemeindevertretung   (Austria-Hungary) 

(4). 
G.enerale  Gonsiglio  Principe  (San  Marino 

549. 
Genoa,  337. 

George  (Denmark),  261. 
George  IV  (Great  Britain),  242  n5,  257  nl. 
Georgia  (U.S.A.),  608(2),  621  n2. 
German   Confederation,    217,   377  w2,   39 

see  also  North  German  Confederation, 
German  language,  895(29). 
GermauT:  3,  217-238. 
Accounts,   222(8). 
Alliances,  223(11). 
Alsace-Lorraine,  219  nl,  n2,  221  (6a),  2: 

Ambassadors,  223(11). 
Anhalt,  219(1),  224  nh. 


644 


INDEX. 


(lermany 


Germany — Continued. 
Array  and  fortification,  222(8). 
Association,  221(16). 
Austrian  Empire,  217. 
Baden,  218(3),  219(1),  224  n4,  226(35), 

227(38),  231  thi. 
Banking  regulations,  220(4). 
Banks,   Department  of.  224  nS. 
Bavaria,  218(4),  219(1),  220(4),  222(8), 
223(8),  224  nl,  227(38),  229(46),  231 
(52),  nS. 
Beacons,  220(9). 
Beer,  226(35). 
Beet   sugar,   227(38). 
Beets,   226(35). 
Brandy,  226(35). 
Bremen,  219(1),  224  nJ,,  226(34). 
Brunswick,  219(1),  224  ni. 
Budget,  see  Finance. 

Bundesrat :  221-223 ;  committees,  222 
(8)  ;  composition  of,  221(6-6a)  ;  dis- 
putes between  States  of  the  Union  to  be 
adjusted  by.  237(76)  ;  diplomatic  pro- 
tection granted  to  members  of,  223 
(10)  ;  legislative  powers,  222(7)  ; 
members  may  not  at  the  same  time  be 
members  of  Reichstag,  223(9)  ;  of- 
fenses against,  punishable,  237(74)  ; 
presiding  officer,  223(15)  ;  right  of 
each  member  to  present  views  of  his 
government  to  Reichstag,  223(9). 
Buoys,  220(9). 
Business,  219(3). 

Chancellor,  see  Imperial  Chancellor. 
Citizenship,    219(3),    220(1). 
Civil  cases,  221(11). 
Civil  law,  221(13). 
Civil   rights,   219(3). 
Coinage,  220(3). 
Colonization,  220(1). 
Commerce,  220(8)  ;  see  also  Customs  and 

commerce. 
Commerce  and  trade,  222(8). 
Committee  of  the  Bundesrat,  227(36). 
Committees,   222(8). 
Confederation  of  the  Rhine,  217. 
Confederation  Act  of  8  June   1815,  217. 
Constitution  :  218  ;  amendments,  list  of, 
218(1-4)  ;  amendments  to  be  made  by 
Legislature,      238(78);      attempts 
against  integrity,  existence,  or  Consti- 
tution of  Empire  punishable,  237(74). 
Constitution   of   16   April   1871,   see   Im- 
perial  Constitution   of   16   April   1871. 
Constitution  of  the  North  German  Con- 
federation  of   16   April-14   June   1867, 
218(1). 
Constitutional   duties,   224(19). 
Consular    affairs,    232(56)  ;    representa- 
tion, 220(7). 
Courts  of  honor,  233(61). 
Crimes  aj^ainst  the  State.  237(74-75). 
Criminal   law,   221(13). 
Customs    and    commerce,    226-228 ;    Ba- 
varia, Wurttemberg  and  Baden  not  to 
share  in  revenue  in   brandy  and  beer, 


Cierninny— Continued. 

Customs  and  commerce — Continued. 
227(38)  ;  Bundesrat  committee  on 
duties  and  customs,  222(8)  :  collection 
and  administration.  226(36)  ;  duties. 
220(2);  government  monopolies, 
226(35)  ;  one  customs  and  commercial 
territory,  226(33)  ;  quarterly  sum- 
maries. 228(39)  ;  revenues  to  go  to 
treasury  of  Empire,  227(38). 
Customs  Union  Treaty  of  8   July   1867, 

228(40). 
Domicile,  220(1). 
Elections,  224(20).  225(24,  27). 
Emigration,  220(1),  233(59). 
Emperor :    administration    of    post    and 
telegraph,  230(50)  ;  appointive  power, 
224(18);     command     over     army, 
234(63)  ;    participation    in    legislation, 
224(17)  ;    prerogatives    and    duties    in 
the  Bundesrat,  223(10,  12),  224(13); 
power  to  declare  martial  law,  235(68)  ; 
power  vested  in,  223(11)  ;  supervision 
over  all  consular  affairs,  232(56)  ;  su- 
preme command   in   marine  and  navi- 
gation,  231(53). 
Empire,    217,    218 ;    Presidency    of,    223 
(11)  ;   attempts   against   the   integrity 
of,   237(74-75). 
Finance  :  annual  report  of  expenditures, 
236(72)  ;    appropriation     granted     for 
one  year,  236(71)  ;  budget  of  army  ex- 
penses, 233    (62)  ;   loans  may   be  con- 
tracted.  2.36(73)  ;   post  and   telegraph 
receipts,  2.30(49)  ;  revenues  from  cus- 
toms and  commerce,  227(38)-228(39)  ; 
revenues,    whence    derived,    236(70)  ; 
surpluses,    236(70)  ;    to   be   estimated, 
236(69)  ;  treasury,  227(38),  230  (49), 
231(53)  ;   see  also   Customs  and   com- 
merce. 
Foreign  affaira,  223(8). 
Foreign  Affairs,  Department  of,  224  nS. 
Foreign  trade,  220(7). 
Foreign  treaties.  223(11). 
Foreigners,  220(1). 
Free  ports,  226(34). 
Funded  money,  220(3). 
German   Confederation,   relation   of  Ger- 
man States  to,  217. 
German  flag,  220(7). 
German  National  Assembly,  217. 
Hamburg,  219(1).  224  nh  226(34). 
Hauseatic  cities.  226(34). 
Helgoland,  219  tU. 
Hesse,  218(3),  219(1),  224  ni. 
Highways.  220(8). 
Holy  Roman  Empire,  217. 
Imperial  Chancellor,  223(15). 
Imperial  Constitution.  217. 
Imperial  Constitution  of  16  April   1871, 

218(4)-238. 
Imperial  Gazette,  sec  Relchsgosetzblntt. 
Imperial  laws,  222(7). 
Imperial  offlei.il^,  224(17). 


045 


Germany 


INDEX. 


GermanF — Continued. 

Imperial  Railroads,  Department  of, 
224  n3. 

Insurance,  220(1). 

Intellectual  works,  ownership  of,  220(6). 

Interior,  Department  of,  224  nS. 

Inventions,  220(5). 

Jade,  an  Imperial  naval  port,  231(53). 

Judicial  affairs,  222(8). 

Judiciary:  civil  law,  221(13);  judicial 
relief,  if  justice  is  denied  in  one  State, 
237(77)  ;  offense  against  Bundesrat  or 
Reichstag  punishable,  237(74-75)  ;  pro- 
cedure, 221(13)  ;  sentences,  221(11)  ; 
tribunal  of  last  resort,  237(75). 

Justice,  Department  of,  224  nS. 

Kiel,  an  Imperial  naval  port,  231(53). 

Landwehr,  233(59),  234(63). 

Lauenburg,  219(1),  nl. 

Law  of  Military  Penal  Procedure  of  3 
April   1845,   233(61). 

Law  of  31  May  1911,  221  (6a). 

Laws,  221(5). 

Legislation,  219-221  ;  see  also  Bundesrat ; 
Reichstag. 

Legislative  power,  221(5). 

Lights,  220(9)'. 

Lippe,  219(1),  224  n't. 

Loans,  see  Finance. 

Liibeck,  219(1),  224  n4,  236  nl. 

Marine,  Department  of,  224  nS. 

Marine  affairs,  222(8). 

Marine  and  navigation:  220(7,  9),  231- 
232  ;  Bundesrat  committee  on,  222(8)  ; 
expense  to  be  defrayed  from  treasury, 
231(53)  ;  flag  of  naval  and  merchant 
marine,  232(55)  ;  free  ports,  226(34)  ; 
Kiel  and  Jade,  Imperial  naval  ports, 
231(53)  ;  license  to  command  seagoing 
vessels,  231(54)  ;  seafaring  men  and 
shipbuilding  artisans  to  serve  in  navy, 
231(53)  ;  signals  of  navigation,  220(9)  ; 
under  supreme  command  of  Emperor, 
231(53)  ;  united  mercantile  marine, 
231(54). 

Maritime  signals,  220(9). 

Measures,  220(3). 

Mecklenburg-Schwerin,  219(1),  224  n^. 

Mecklenburg-Strelitz,  219(1),  224  M. 

Medical  matters,  221(15). 

Migration,  220(1). 

Military  affairs:  221(14),  232-235; 
army,  readiness  for  action,  234(63); 
army  under  command  of  Emperor,  234 
(63)  ;  Bundesrat  committee  on  army 
and  fortifications,  222(8)  ;  cavalry 
length  of  service,  233(59)  ;  cost  of, 
233(58)  ;  courts  of  honor,  20  July 
1843,  233(61)  ;  emigration  of  reserves, 
233(59)  ;  employment  of  army  for  po- 
lice purposes,  235(66)  ;  expenditures 
of  army,  to  be  fixed  by  budgetary  law, 
234(62)  ;  expenses  of  army,  233(61- 
62)  ;       fortresses,       construction       of. 


G  erma  ny — Continued. 

Military  affairs — Continued. 

235(65)  ;  Landwehr,  233(59)  ;  length 
of  service,  233(59)  ;  liability  to  military 
duty,  232(57)  ;  martial  law,  power  to 
declare,  235(68)  ;  military  oath, 
234(64)  ;  military  penal  procedure,  3 
April  1845,  233(61)  ;  mobilization, 
234(63)  ;  mounted  field  artillery, 
233(59)  ;  National  Guard,  233(59)  ; 
no  substitute  accepted,  232(57)  ;  offi- 
cers, 234(64),  235(64,  66)  ;  service, 
219(3). 

Military  Penal  Code  of  3  April  1845, 
233(61). 

Napoleon  I,   217. 

National  defense,  220(8). 

Natives,  219(3). 

Naval  affairs,  221(14). 

Navigation,   see   Marine    and   navigation. 

North  German  Confederation,  217,  231  n3. 

Oldenburg,  219(1),  224  n^. 

Passports,  220(1). 

Patents,  220(5). 

Paupers,  219(3). 

Peace,  223(11). 

Peace  of  Prague,   217. 

Post  and  telegraph,  220(10),  230-231; 
Bavaria  and  Wiirttemberg  not  to  share 
in  receipts  of,  231(52)  ;  Bundesrat 
committee  on,  222(8)  ;  Emperor  shall 
have  administration,  230(50)  ;  inter- 
course between  Bavaria  and  Wiirttem- 
berg with  neighboring  States  not  part 
of  Empire,  231(52)  ;  receipts  to  belong 
to  a  common  fund,  230(49)  ;  regula- 
tion concerning  foreign  countries, 
231(52)  ;  are  State  institutions, 
230(48)  ;  surplus  of  receipts  to  go  to 
treasury,  230(49). 

Posts,  Department  of,  224  nS. 

Presidency  of  Confederation,   223(11). 

Press,  221(16). 

Professions,   220(1). 

Protocol  of  15  Nov.  1870,  218(2). 

Prussia,  219(1),  nl,  221(6),  nl,  224  ni 

Public    documents,    221(12). 

Public  offices,   219(3). 

Rafting,  220(9). 

Railways:  220(8),  228-229;  administra^ 
tion,  229(44)  ;  Bavaria  excluded  from 
articles,  229(46)  ;  Bundesrat  commtitee 
on,  222(8)  ;  long-distance  transporta- 
tion, 229(45)  ;  low  tariff  in  case  of 
public  distress,  229(45)  ;  no  law  to 
prevent  competitive  lines  to  be  built, 
228(41)  ;  one  system,  228(42)  ;  right 
to  construct,  228(41)  ;  tariff,  229(45) 
upkeep  of,  229(43)  ;  use  of  roads  for 
defense  of  country,  229(47). 

Railways,  Department  of,  224  nS. 

Real  estate,  219(3). 

ReichsgesetzUatt,    219(2). 

Reichstag,   221(5),    224-226;   acceptance 
of  office,  225(21)  ;  action  by  majority, 


646 


INDEX. 


Great  Britain 


Germany — Continued. 

Reichstag — Continued. 

225(28)  ;  adjournment,  225(26)  ;  com- 
position, 224(20)  ;  duration,  225(24)  ; 
election  of  members,  224(20),  225(25, 
27)  ;  eligibility  of  members,  223(9)  ; 
immunity  of  members,  225(30)  ;  mem- 
bers' salary,  226(32)  ;  members  not 
liable  to  arrest  during  session,  225 
(31)  ;  members  representatives  of  peo- 
ple, 225(29)  ;  proceedings  to  be  public, 
225(22)  ;  right  to  propose  laws,  225 
(23). 

Residents,  219(3). 

Reuss,  elder  line,  219(1),  224  n4. 

Reuss,  younger  line,  219(1),  224  ni- 

Revenues,  227(38)  ;  see  also  Finance. 

Revolution  of  1848,  217. 

Salt,  226(35). 

Salt  tax,  227(38). 

Saxe-Altenburg,  219(1),  224  nh 

Saxe-Coburg-Gotha,  219(1),  224  M. 

Saxe-Meinlngen,  219(1),  224  M. 

Saxe- Weimar,  219(1),  224  nJf. 

Saxony,  219(1),  223(8),  224  n4. 

Schaumburg-Lippe,  219(1),  224  ni. 

Schleswlg-Holsteln.  217. 

Schwarzburg-Rudolstadt,  219(1),  224  n^. 

Schwarzburg-Sondershausen,  219(1),  224 

Secret  ballot.  224(20). 

Settlement,  220(1). 

Signals,  220(9). 
•    South  German  States,  217. 

Suffrage,  224(20). 

Sugar,  226(35). 

Syrup,  226(35). 

Taxes,  220(2),  226(35). 

Telegraph,  see  Post  and  telegraph. 

Tobacco,  226(35),  227(38). 

Trade,   220(7),  222(8). 

Treasury,  Department  of,  224  nS. 

Treaties,  219(3),  223(11). 

Treaty  of  23  November  1870,  218(4). 

Treaty  of  25  November  1870,  218(3). 

Unfunded  money,  220(3). 

Veterinary  matters,  221(15). 
.     Vienna,  Final  Act  of  15  May  1820,  217. 

Waldeck,  219(1),  224  v4. 

War,  223(11). 

Waterways,   220(8-9). 

Weights,  220  (-3). 

Wurttemberg,    218(3).     219(1),    223(8), 
224  nh  226(35),  227(38),  231(52),  nS. 
Gers,  Department  of  (France),  210(2). 
Ghatnrs,  184(40). 
(rharbleh  (Egypt),  177(3). 
Gifts:  Egypt,  187(42). 
Glrgeh  (Egypt),  177(3). 
Glronde,  Department  of   (France),  210(2). 
Glurgiu  (Roumania),  525(62). 
Glzeh  (Egypt),  177(3). 
Goerz    (Austria-Hungary),  6(8),   14(1),   15 

(6). 
Gonalves  (Haiti),  299(32). 


Gornje   (Serbia),  564(81). 

Goyaz   (Brazil),  66  nS. 

Graciaa  a  Dios,  Cape  (Nicaragua),  438(69). 

Gradislia    (Austria-Hungary),  6(8),   14(1), 

15(6). 
Granada  (Nicaragua),  440(117). 
Granada  (Panama),  458(3). 
Grand    Duke:    Luxemburg,   392(4)-303(8), 

395-396,  400(76.  77). 
Grand  General  Council  (San  Marino),  549. 
Gratuities:    Panama,    467(1);    Roumania, 

533(112). 
Great  Britain  and  Ireland t  23&-260,  587. 
Abbots,   242(31). 

Act  declaring  the  Rights  and  LAhertiea  of 
the  Subjects  and  setleitig  the  Succes- 
sion of  the  Crowne,  256  nl. 
Act  for  an  Union  of  the  Two  Kingdoms 
of  England   and   ScotUind  of  16  May 
1707  (6  Anne,  c.  11),  239. 
Act  for  rcndring  the  Union  of  the  Two 
Kingdoms  more  intire  and  complete  of 
1707  (6  Anne,  c.  40),  239. 
Act  for  the  better  secureing  the  Liberty 
of  the  Subject  and  for  Prevention  of 
Imprisonments    beyond    the   Seas,   248 
n2. 
Act    for   the   further   Limitation   of    the 
Crown  and  better  se^mring  the  Rights 
and  Liberties  of  the  Subject,  259  ni. 
Act  for  the  more  effectual  preserving  the 
King's  person  and  government,  by  dis- 
abling Papists   from  Sitting  in  either 
House  of  Parliament,  258  nS. 
Act  for  the  Relief  of  His  Majesty's  Ro- 
man   Ca^tholic    Subjects    of    24    June 
1829  (10  George  IV,  c.  7),  239. 
Act  for  Union  of  Great  Britain  and  Ire- 
land of  2  July  1800  (39  &  40  George 

III,  c.  67,  amended  by  21  &  22  Victoria, 
c.  26,  and  by  the  Statute  Law  Revision 
Act  of  1871),  239. 

Act  further  to  amend  the  Laws  relating 
to  the  representation  of  the  People  in 
England  and  Wales  of  15  August  1867 
(30  &  31  Victoria,  c.  102),  240. 

Act  of  Settlement  of  12  June  1701,  239 
259-260. 

Act  to  amend  the  Law  relating  to  the 
Representation  of  the  People  of  the 
United  Kingdom  of  6  December  1884 
(48  Victoria,  c.  3),  240. 

Act  to  amend  the  Representation  of  the 
People  in  England  and  Wales  of  7  June 
1832  (2  William  IV,  c.  45).  of  the  Peo- 
ple in  Scotland  of  17  July  1832  (2 
William  IV.  c.  65),  of  the  People  in 
Ireland  of  7  August  1832   (2  William 

IV.  c.  88),  2.39. 
Amercictur,  241(14). 
Anne  of  Denmark.  2.'59(3). 
Archbishops.  243.  245(1). 
Articuli  inserti  in  Magna  Charta,  244  nl. 
Bail.  257. 
naliffs.  242. 
Barons,  242,  245(1). 


647 


Great  Britain 


INDEX. 


Great  Britain  ami  Ireland — Contd. 

Berwick  upon  Tweed,  253(10). 

Bill  of  Rif/hts  of  13  Feb.  1689,  239, 
256-259. 

Bishops,  242,  245(1). 

Bridges,  241(15). 

Burgesses,  245(1). 

Carta  confirmatlonis  regis  Edwardi  I, 
243  nS. 

Carta  de  foresta  regis  Henrici  III,  243  nl. 

Charles  II,  258  nS. 

Charter,  Great,  of  Henry  III,  240  n2. 

Charter  of  Edward  I,  1297,  240  n2. 

Charter  of  Forests,  243. 

Church  of  England,  259(3). 

Cinque  Ports,  241(9),  253(10),  256(1). 

Confirmation  of  Charters,  of  10  Oct.  1297, 
243-4. 

Constables,   242(17). 

Coroners,   242(17). 

Death  penalty,  247(7). 

Debates,    257. 

Earls,   242. 

Edward  I,  Charter  of  1297,  240  n2. 

English  Church,  240(1). 

Felons,  242(22). 

Fines,   257. 

Freemen,  242(29),  245(1). 

Gaolers,   248(1). 

George  IV,  242  n5,  257  nl. 

Great  Charter  of  Liberties  of  11  Feb. 
1225:  239-243;  English  Church, 
240(1)  ;  debtors,  241(8)  ;  London, 
241(9)  ;  fines,  241(14)  ;  merchants, 
242(30)  ;    ecclesiastics,   242-243. 

Grants,    257. 

Guernsey,  253(10). 

Habeas  corpus,  246(5). 

Habeas  Corpus  Act  of  1679,  248-255. 

Hospitallers,  242. 

Ireland,  253(11). 

James  II,  256(1),  n2. 

Jersey,  253(10). 

Knights,    245(1). 

Liberties,    259(3). 

London,    241(9). 

Magna  Charta,  see  Great  Charter  of 
Liberties ;  Articuli  inserti  in  Magna 
Charta. 

Members  of  Parliament,  257. 

Merchants,  242(30). 

Peticion,  The,  ExMMted  to  Ms  Majestic 
by  the  Lords  Spirituall  and  Temporall 
and  Commons,  in  this  present  Parlia- 
ment  assembled,  concerning  divers 
Rights  and  Liberties  of  the  Subjects, 
with  the  Kings  Majesties  Royall  Aun- 
swere  thereunto  in  full  Parliament,  2^5 
ni. 

Petition  of  Right  of  7  June  1628,  239, 
245-248  ;  habeas  corpus,  246(5)  ;  death 
penalty,  247(7)  ;  taxes,  247(8)  ;  trea- 
son, 252(6)  ;  illegal  Imprisonment,  253 
(11). 

Praemunire,  254(11). 


Great  Britain  and  Ireland — Contd. 

Prelates,  245(1). 

Priors,  242. 

Protestants,  257. 

Punishment,  257. 

Redistribution  of  Seats  Act  (48  &  49  Vic- 
toria, c.  23),  240. 

Registration  Acts  (48  &  49  Victoria,  c.  15, 
16,  «&  17),  240. 

Religion,  259(3). 

Scotland,  253(11). 

Sheriffs,  242(17),  248(1). 

Sophia,  Princess,  electrix  of  Hanover,  259 
nS. 

Speech,  freedom  of,  257. 

Statutes  of  Parliament,  240  n2. 

Statutum  de  tallagio  non  concedendo  of 
1297,  244-5. 

Tangier,  253(11). 

Templars,  242. 

Victoria,  241  n2,  259  n2. 

Wales,  253(10). 

William  and  Mary,  256(1),  258,  and  nS. 
Greece!    261-278. 

Allowances,  270(61). 

Amnesty,  267(39). 

Archaeological  treasures,  265(17). 

Areopagus,  see  Court  of  Cassation. 

Armed  forces,  266(32). 

Assembly,  right  of,  263(10). 

Association,  right  of,  263(11). 

Belgian  Constitution  of  7  February  1831, 
261. 

Budget,  265(24),  270(60),  273(83). 

Censorship,  264(14). 

Citizens  :  262-265  ;  personal  rights,  263 
(3-4),  263(5)  ;  crimes  and  punishment 
263(6-8)  ;  privileges,  263(9)-265(20)] 

Civil  list.  267(42),  til. 

Clerks  of  courts,  274(88). 

Coinage,  267(41). 

Confiscation,  265(18). 

Conscription,  270(60). 

Constantinople,  262(2). 

Constitution  of  1/14  June  1911,  262-27i 

Consuls  General,  277(102). 

Corporations,  264(16). 

Council  of  State,  261,  273-274. 

Court  of  Cassation.  272(73),  273(80)J 
274(88),   277(103). 

Court  of  Misdemeanors,  263(6). 

Courts  martial,  276(97). 

Courts  of  Accounts,   276(98),   277(103)| 

Courts  of  Appeal,  272(73). 

Custodians  of  mortgages,  271(71)J 
274(88). 

Death  penalty,  265(18). 

Decorations,  267(40). 

Diplomatic  agents,  277(102). 

Domicile,  264(12). 

Eastern  Orthodox  Church,  262(1). 

Education,  264(16). 

Envoys,  277(102). 

Executive  powers,  265(27). 

Finance,  see  Courts  of  accounts. 


648 


INDEX. 


Gnatemala 


Greece — Continued. 

Foreign  troops.  27«(99). 

F'rench  Charter  of  14  August  1830,  261. 

George  (of  Denmarlt),  2G1. 

Government,  form  of.  265(21-28). 

Holy  Synod  of  Bishops,  262(2). 

House  of  Representatives  :  268-272  ;  sits 

in   public,   209(55)  ;   oath   of  members, 

270(64)  ;  elections,  271(66-70)  ;  duties 

of  representatives,  271-272. 
Impeachment,  272(80). 
Judiciary:   274-276;   personnel,   274(87- 

89)  ;  sittings  are  public,  275(92)  ;  jury 

system,    275(94)  ;    courts-martial,   270 

(97). 
King :    266-268 ;    rights    and    privileges, 

266-267  ;  succession,  267-268. 
Language,  277(107). 
Letters,  secrecy  "of,  265(20). 
Magistrates,  274(88). 
Mayors,  271(71). 
Military    affairs:    264(14),    266(32,    34), 

270(60).       271(71),       276(97,       100), 

277(106). 
Military  duties,  277(106). 
Military  rank,  266(34),  276(100). 
Mineral  waters,  265(17). 
Mines,   265(17). 
Ministers,  272(77)-273(81). 
Municipal  elections,  277(105). 
Notaries,  271(71),  274(88). 
Oaths:    264(15);    of    king,    267(43);   of 

representatives,  270(64), 
Official  Gazette,  278(110). 
Otto  of  Bavaria,  261. 
Pardon,  267(39),  273(81). 
Pensions,   270(61). 
Petition,  right  of,  263(9). 
Political      offenses,      265(18),      267(39), 

275(95). 
Posts  and  Telegraphs,   Director  General 

of.  277(102). 
Prefects,    277(102). 
Press:    freedom    of,    264(14);    offenses, 

275(95). 
Primogeniture,  267(45). 
Process-servers,  271(71). 
Property,   265(17). 
Public  officials,  266(34). 
Public  prosecutors,  274(88). 
.'    Public  security,   263(10). 
Public  servants,  271(71). 
Quarries,  265(17). 
Regency,  268(50). 
Religion,  262(1-2). 
Retirement,  274(88). 
Royal  Commissioners,   277(102), 
Salaries,  265(24),  270(61). 
Secretaries       General       of       Ministries, 

277(102). 
Slavery,  264(13). 
Speech,  freedom  of,  264(14). 
Succession,  267-268. 

Supreme  Disciplinary  Council,  277(103). 
Supreme  Judicial  Council,  275(90). 


Greece — Continued. 
Taxation,  270(59). 
Telegraphs,  Director  General  of  Po8t«  and, 

277(102). 
Territory,  266(33). 
Torture,  265(18). 
Treaties,  266(32). 

Treaty    of    London    of    25    AprIl/7    Maj 
1832,  261. 

War,  266(32). 

Waters,  265  (17). 

Writing,  264   (14). 
Greogory,  George  D.  (translator),  88  nS. 
Guadeloupe    (France),   210(2). 
Guanacaste  (Costa  Rica),  143(116). 
Guantanamo   (Cuba),  174  nl. 
Gnatemala,   279-293. 

Amnesty,   286(16). 

Armed  forces,  281(22). 

Arrests,   282(30). 

Assembly,  right  of,  282(25). 

Associations,  282(25). 

Authors,   281(20). 

Barrillas,  Don  Manuel  LIsandro,  292(4). 

Brigadier    generals,    286(14). 

Carrera,  Rafael,  279. 

Censorship.  282(26), 

Central  American  Federation,  279. 

Citizens,  280(4-11). 

Collectors  of  public  revenue,  284(50). 

Constitution,   amendments,  292(99). 

Constitution  of  11  Dec.  1879,  279. 

Constitutive  Act  of  the  Republic  of  Gua- 
temala, 279. 

Contractors,  284(50). 

Contracts,  286(6). 

Conventions,  286(9). 

Correspondence,  283(35). 

Council  of  Ministers,  290(18). 

Council  of  State,  290(79). 

Councilors,  290(80). 

Currency,  286(8). 

Departments,  appointment  of  chief,  291 
(95). 

Designados,  see  Designates. 

Designates,  285(4),  288(69),  293(6). 

Domicile,  283(38). 

Education.   282(27). 

Entailment,  281(21). 

Equality   before  law,  281(16). 

Exequatur,   290(15). 

Expropriation,  282(28). 

Federal    Constitution    of    22    November 
1824,  279. 

Foreigners.   281(13).  282(23). 

Guatemalans,  280(4-11). 

Habeas  corpus,  283(34). 

Imprisonment.    282(30). 

Indemnity,   282(28). 

Industry.  281(20). 

Inventors.   281(20). 

Judiciary:  Judges.  291(85);  manner  and 
form  of  trial,  291(89). 

Legislative     power :      organization,      283 
(40)  ;    National    Assembly,    2^8    (41)  ; 


8S3S1- 


649 


Guatemala 


INDEX. 


Gnatemala — Continued. 

Legislative  power — Continued. 

deputies,  283(44)  ;  attributions,  284 
(52)  ;  enactment  of  laws,  286(56)  ; 
President  shall  approve  laws,  287(59)  ; 
Permanent    Committee,    287(62). 

Loans,   286(6). 

Military  affairs,  281(22),  284(50),  286 
(14),    290(11-12.) 

Ministers,   290(14). 

Municipalities,  292(97). 

National  Assembly,  283(40). 

Pardon,   286(16). 

Passports,  290(16). 

Peace,  286(14). 

Permanent  Committee,  287(63). 

Person,    liberty   of,    281(16). 

Police  laws,  281(15). 

Political   chiefs,   284(50). 

President:  impeachment,  285(53);  re- 
quirements, 288(65)  ;  designates,  288 
(69)  ;  vacancy  of  office,  288(69)  ;  oath, 
288(70)  ;  duties,  288(77)  ;  and  the 
Council  of  State,  290(79). 

Press,   282(26). 

Property,  281   (16,  21),  282(28). 

Religion,  282(24),  284(50). 

Secretaries  of  State,  284(50). 

Solitary  confinement,  282(32). 

Speech,  liberty  of,  282(26). 

Taxation,    285(54). 

Treaties,  286(9). 

War,  286(14). 

Weights,  286(8). 
Guernsey,  253(10). 
Guilds:  Panama,  461(29). 


Habeas  corpus:  Costa  Rica,  117(31)  ;  Great 
Britain,  246(5)  ;  Guatemala,  283(34)  ; 
Honduras,    318(28)  ;     Nicaragua,    435 
<25)  ;   Portugal,   502(31);   United 
States,  612(9). 
Hague,  The,  400  nS. 
Hainaut  (Belgium),  44(1). 
Haiti:    295-314. 

Agricultural  societies,  296(5). 

Armed  force,  311(118). 

Arrests,  296(9). 

Arrondissements,  see  Districts. 

Artibonite,  Department  of,  299(37). 

Assembly,  right  of,  297(20). 

Budget,  310(106),  311(114). 

Bulletin  des  Lois,  304(66). 

Boyer  (President),  295. 

Cap-Haitien,  299(32). 

Cayes,  299(32). 

Censorship,   297(16). 

Census,  299(32). 

Chamber  of  Deputies:  298(31)  ;  right  to 
impeach,  308(100). 

Christophe,  295. 

Citizens,  296(3). 

Civil  prosecution,  313. 

Civil  rights,  defined,  296(3-7). 


Haiti — Continued. 

Coat  of  arms,  312(120). 

Commerce,  296(5),  308(95). 

Communal      Institutions,      309(103)-310 
(106)  ;  councilors,  313(B). 

Constitution,  amendments,  313(128). 

Constitution  of  9  May  1801,  295. 

Constitution  of  12  June  1918,  295. 

Correspondence,  298(23). 

Council  of  State,  314. 

Court  of  Cassation,  307(92). 

Courts  martial,  312(119),  313. 

Criminal  prosecution,  313(A). 

Death  penalty,  297(15). 

Dessalines  (General),  295. 

Detention,  297(2). 

Districts,  296(2). 

Domicile,  297(11). 

Dominican  Republic,  295. 

Education:    297(18);    educational   socie- 
ties, 296(5). 

Elections,  312(124). 

Equality  before  law,  296(8). 

Finance,  310(109)-311(117). 

Foreigners,  296(4). 

Geffrard,  295. 

Oendarmerie  d'  Haiti,  311(118). 

Gonaives,  299(32). 

Gratuity,  310(112). 

Haitians,    296(3). 

High  Court  of  Justice,  309  (100). 

Holidays,   312(122). 

Imposts,  310(109). 

Industrial  societies,  296(5). 

Jacmel,  299(32). 

Jacques  I,  295. 

J6remie,  299(32). 

Judiciary  ;  Court  of  Cassation,  307 

Judges,  307(90)  ;  sittings  of  courts  are 
public,  308(96)  ;  High  Court  of  Justice, 
309(100)  ;    criminal   prosecutions,    31: 
(A). 

Legal  holidays,  312(122). 

Legislature:  composition,  298(31)  ;  dep 
ties,  299(32)  ;  election,  299(35)  ;  meet- 
ings are  public,  .302(54)  ;  petitions,  304 
(68)  ;    seat   of,   302(49)  ;    session,    30 
(50). 

Liberty,  personal,  296(9). 

L'Ouverture,  Toussaint,  295. 

Moniteur,  304(66),  313(128). 

National  colors,  312(120). 

National    Assembly:    powers,     300(40) 
presidency,  301(41)  ;  see  also  Senate. 

National  holidays,  312(122). 

National  palace,  306(82). 

Nationality,    296(3). 

Oaths,  not  required,  312(120). 

Pardon,  305(75),  313. 

Pension,   310(112). 

P6tion,  295. 

Petition,  right  of,  298(22). 

Political  crimes,  297(19). 

Political  rights,  296(6-7). 


(S9)9 
re 
;e, 

I 


650 


INDEX. 


Honduras 


Haiti — Continued. 

Port-au-Prince,  299(32). 
Port-de-Paix,   299(32). 
President:    301(42),    313;    election,    305 
(72)  ;  impeachment  of,  308(100)  ;  eligi- 
bility,   305(73)  ;    oath,    305(74)  ;   seal, 
305(75)  ;   appointments,   305(75)  ;  va- 
cancy,   306(70)  ;     message,     306(80)  ; 
residence,  300(82). 
Press:  297(19)  ;  freedom  of,  297(16). 
Primary   assemblies ;    object   of   meeting, 

310(107)  ;  adjournment,  310(107). 
Primary   instruction,   297(18). 
Property  right,  297(14). 
Public    force:    maintenance,     311(119); 

courts  martial,  312(119),  313. 
Public    instruction,    297(18). 
Public  law,  296(8-9). 
Public  meetings,  298(20). 
Public  offices,  305(75). 
Real  estate,  290(5). 
Religion,  297(17). 
Saint-Marc,  299(32). 
Salnave,  295. 
Santo  Domingo,  295. 

Secretary    of    State:    qualifications,    306 
(83)  ;    responsibility    307(87)  ;    salary 
307(88). 
Secretary  of  State  for  Finance,  311(114). 
Senate:  298(31)  ;  composition,  299(36)  ; 
election,    300(37)  ;    see    cdso    National 
Assembly. 
Siege,  state  of,  312(125). 
Societies,  296(5),  298(21). 
Soulouque,  General,  295. 
Sovereignty,    in    whom    vested,    298(27- 

30). 
Speech,  freedom  of,  297(16). 
Subsidy,  310(112). 
Subvention,  310(112). 
Teaching,  freedom  of,  297(18). 
Thought,  freedom  of,  297(16). 
Treason,  297(15). 
Treaties,  305(75),  312(127). 
Worship,  297(17). 
Hamburg   (Germany),  219(1),  221(6),   224 

nh 
Hamilton,     Louis,    in     Paul    Posener,    Die 
Staatsverfassutigen  des  Erdhalls  (cited), 
240  nl. 
Handhuch     der     deutschen     Verfaasungen 
(Second    Edition),     by     Stoerij-Rauch- 
haupt   (cited),  see  Stoerk-Rauchhaupt. 
Hanseatic  cities,  226(34). 
Hiipsburgs,  throne  of  the,  3. 
narl)ors,  see  Ports  and  harbors. 
Hatt-i-humayoun     of     18     February     1856 

(Turkey),  589. 
Hatt-i-sherif  of  3  November  1839  (Turkey), 

589. 
Hatt-i-shenf     of     12/24     December     1838 

(Turkey),  553(2). 
Hatts  der  Ahgeordneten  (Austria),  14(1). 
IlautP-Garonne,    Department    of    (France), 
210(2). 


Ilaute-Loire,      Department      of      (France), 

210(2). 
Haute-Marne,  Department  of  (France),  210 

(2). 
Haute-SaOne,  Department  of   (France,  210 

(2). 
Ilaute-Savoie,  Department  of  (France),  210 

(2). 
Haute- Vienne,  Department  of  (France),  210 

(2). 
Hautes-Alpes,  Department  of  (France),  210 

(2). 
Hautes  -Pyr6n4es,  Department  of  (France), 

210(2). 
Hawaii  (U.  S.  A.),  621  n2. 
Health,   public:    Costa   Rica,    117(32),   130 
(12)  ;   Cuba,  174(5)  ;   Egypt,  183(36), 
185(39)  ;     Germany,     221(15)  ;     Hon- 
duras, 319(44),  322(75)  ;  Panama,  468 
(16). 
Helgoland,  219  nJ. 
Hemelt,  Francis  J.   (indexer),  iv. 
lierault.  Department  of  (France),  210(2). 
Heredla   (Costa  Rica),  143(116). 
Herrenhaus  (Austria),  14(1). 
Ilertslet,    E.,    Map    of    Europe    hy    Treaty 
(cited),  3  nl,  34  n2,  87  nl,  nl,  87  n2, 
217  nlS,  218  nl,  261  n2,  407  n2. 
Herzegovina,  see  Bosnia  and  Herzegovina. 
Hesse,  219(1),  221(6),  224  nJ,. 
Highways,  see  Roads. 
Hokushu    (Japan),  351  nS. 
Holland,  43. 

Holy  Roman  Empire,  217. 
Holy  Scriptures  (Bulgaria),  95(80). 
Holy  See,  337,  341  (.33),  347-349. 
Holy  Synod,  91(39),   95(80),   262(2),   540 

nl. 
Honduras!  315-335,  431(1). 
Academic  degrees,  325(91). 
Amnesty,  324(7),  328(9). 
Atnparo   (asylum),  335(162). 
Army,  see  Military  affairs. 
Assembly,  right  of,  320 (58>.. 
Associations,  320(58). 
Asylum   {amparo),  335(162). 
Authors,  321(68),  324(16). 
Budget,  325(25),  332(135-138). 
Capital  punishment,  318(27). 
Central  American  Federation,   315(1). 
Charters,  321(05). 

Citizens:    natives,    310(6-9);    foreigners, 
316-317;     citizenship,     317(20-25); 
rights    and    guarantees,    318-320 ;    lib- 
erty   of,    320-321;    equality,    321(65- 
66)  ;  property  rights,  321(67-71). 
Civil  status,  320(55). 
Colonization.  320(60). 
Commerce,  319(47),  325(24,  30). 
Concessions,   320(00). 
Confiscation,  ,320(49),  321(69). 
Congress  of  Deputies,  321,  322(78). 
Constitution:   of  11   Dec.   1825,   11   Jan. 
1839,  4  Feb.   1848,   29   Sept.  1865,  23 


651 


Honduras 


INDEX. 


Honduras — Continued. 

Constitution — Continued. 

Dec.  1873,  14  Oct.  1894,  9  Sept.  1904, 
315(1);  of  1  Nov.  1880,  315(1),  335 
(167)  ;  constitutional  laws,  335(162)  : 
reforms  and  amendments,  335(163- 
167). 

Consular  agents,  328(15). 

Contractors,  323(86),  329(113). 

Contracts,  326(99). 

Correspondence,  secrecy  of,  322(75). 

Council  of  Ministers,  327(107). 

Court  of  Accounts,  329(27). 

Courts  of  Appeals,  330(120). 

Credit  institutions,  320(60). 

Crimes,  317(16). 

Currency,  325(31),  329(29). 

Custom-houses,  325  ( 30 ) . 
.  Debtors,  317(21),  323(86),  330(113). 

Defense,  324(8). 

Departments:  government,  333(148- 
149)  ;  judges,  321(123). 

Deputies,  325(93). 

Designates,  327(102). 

Diplomatic  affairs :  intervention,  317 
(15)  ;  negotiations,  328(14)  ;  agents, 
328(15). 

Direct  taxation,  321(66). 

Directory  of  Congress,   322(82). 

Donation,  321(61). 

Dwelling,   319(44). 

Earthquake,  319(44). 
.    Education,  320(57),  329(24). 

Emigration,  320(60). 

Entails,  321(62). 

Epidemics,  319(44),  322(75). 

Equality,  318(26). 

Executive  power :  316-327 ;  duties  of 
President,  327-329  ;  see  also  President. 

Expropriation,  321(67). 

Extradition,  317(16),  331(127). 

Finance:  national  debt,  325(27)  ;  budget, 
325(25),  332(135-138)  ;  Public  Treas- 
ury, 332  (139) -333  (143)  ;  Court  of  Ac- 
counts, 329(27),  332(141)  ;  loans,  325 
(29),  328(17)  ;  revenues,  325  (25), 
328(16),   329(28). 

Fire,  319(44). 

Fiscal  General  of  Treasury,  329(27), 
333(143). 

Flood,  319(44). 

Foreign  relations:  328(15)  ;  Department 
of,  330(114). 

Foreigners     in     Honduras,     316(10)-317 

(19). 
Form  of  government,  322(76). 
Fraud,  319(39). 
General  in  Chief,  329(110). 
Government,  form  of,  315-316,  322(76- 

77). 
Gunpowder,  320(59). 
Habeas  corpus,  318(28). 
Higher  Auditorship,  332(141). 
Hondurans,  316(6-9). 
Human  life,  inviolability  of,  318(26). 


Honduras — Continued. 
•  Impeachment,  324(14). 
Individual  security,  318(26). 

Industries,  320(59-60),  324(16). 

Invasion,   328(17). 

Inventors,    321(68),   324(16). 

Inviolability:  of  human  life,  318(26) 
communications,  etc.,  319(47). 

Judiciary,  322(76),  330-332. 

Legislative  power  :  322-326  ;  attributionj 
of  Congress,  323-325 ;  formation  an< 
promulgation  of  laws,  325-326 ;  at 
also  Congress. 

Letters,   secrecy  of,   319(47). 

Letters  of  marque,  328(20). 

Liberty,  personal,  318(26). 

Literary  degrees,  325(91). 

Loans,  325(29),  328(17). 

Military  affairs:  325(33),  328(18-19) 
328(18),  332(131),  333(144-147) 
rank,  325(36)  ;  soldiers,  323(16). 

Monastic  orders,  320(58). 

Monopolies,  320(59). 

Municipal   government,   333-334. 

National  debt,  325(27). 

National  sovereignty,  315(3),  322(77). 

Naturalization,  325(37),  329(22).. 

Pardons,  324(7). 

Peace,  325(32),  328(12). 

Penalties,  320(49). 

Pensions,  324(6). 

Personal  service,  321(71). 

Petition,  right  of,  321(63). 

Police  force,  320(51),  329(30). 

Political  constitution,  315(1). 

Political  crimes,  317(16). 

Ports,  325(30). 

President,  324(9),  325(93),  326(101). 

Press:  liberty  of,  320(56);  laws,  33 
(162). 

Printed  matter,  320(56). 

Private  correspondence,  319(47). 

Private  papers,  319(47). 

Privileges,  320(60),  321(65). 

Prizes,  331(127). 

Property:  321(61,  67);  rights,  318(26 

Proportionality,  321  ( 66 ) . 

Proscription,  320(49). 

Public  employees,  334-335. 

Public  offices,  324(6). 

Public  power,  316(4). 

Public  Treasury,  332(139)-333(143). 

Public  utility,  321(67),  324(18). 

Rebellion,  328(17). 

Religion:  freedom  of,  320(54)  ;  ministei 
shall  not  hold  public  office,    321(65) 
monastic  orders,  320(58)  ;  religious 
tablishments,  321(62). 

Reprisals,  328(20). 

Republic  of  Central  America,  315(1). 

Republican  form  of  government,  321(72 

Revenues,  325(25),  328(16),  329(28). 

Rewards,  324(16). 

Saltpeter,  320(59). 

Sanitation,  322(75). 


652 


INDEX. 


Hnngary 


Honduras — Continued. 

Secretaries  of  State,  329-330. 

Security  of  the  individual,  318(26). 
324(8). 

Sentences,  commutation  of,  324(7),  328 
(10). 

Service,  personal,  321(70). 

Siege,    state    of,    321(74),    325(35),    329 
'  (21),  335(162). 

Slavery,  320(53). 

Soldiers,  323(86). 

Spanish-Americans,  316(9). 

Spirituous  liquors,  320(59). 

Subventions,  324(18). 
i      Suffrage,  317(24). 

[      Superior  Court  of  Accounts,  332(141). 
j      Supreme   Court   of   Justice,    324(9),    326 
I  (100),  330(116). 

I      Taxation,  321(66)  ;  325(26). 
j      Telegrams,  inviolability  of,  319(47). 

Territory,  integrity  of,  322(77),  325(28). 

Thought,  freedom  of,  320(56). 

Title,  property,  321(61). 

Tobacco,  320(59). 

Torture,  319(43). 

Treasury,   Public,   332(139)-333(143). 

Treaties,  325(22),  326(99),  328(14). 

Vagrancy,  317(21). 

Vice-President,  324(9),   327(102). 

War:  321(67)(74),  325(32),  328(12); 
Department  of,   330(114). 

Weights  and  measures,  329(29). 

Whipping,  319(43). 

Wills,  321(61). 
Honors  :  Nicaragua,  441(85)  ;  see  also  Deco- 
rations. 
Hospodar  (Prince),  see  Prince  Hospodar. 
Hospitals:  Egypt,  183(37). 
Hnngraryt   3,  11,  25-41. 

Abbots,  appointed  by  King,  28(7). 

Agriculture,  Department  of,  29(14). 

.Andreas  II,  25. 

Archbishop,  appointed  by  King,  28(7). 

Bftcs-Bodrogh,   35(4). 

Belgrade,  39(4). 

Bishops,  appointed  by  King,  28(7). 

Bulla  Aurea,  25. 

Commerce,  Department  of,  29(14). 

Contribution,  27. 

Councilors  of  Royal  Hungarian  Chancel- 
lery, 29(22). 

Councilors  of  State,  2j|(20). 

Courts,  established  to  preserve  independ- 
ence, 30(27). 

Croatia,  26  ni,  29  nS. 

Cumania,  35(4). 

Dalmatia,  26  iH,  29  nS. 

Diet :  annual  sessions,  31-33 ;  assembly 
and  dissolution  by  King,  31(5)  ;  bud- 
get, 31(6)  ;  election,  31(4)  ;  King  ap- 
points president,  32(7)  ;  ministers  have 
seats  in  both  houses,  30(28)  ;  minis- 
ters have  vote  only  in  certain  cases, 
30(31)  ;  order  of  business  adopted  by 
each  house,  33(13)  ;  presidents  of  both 


Hnngrary — Continued. 

Diet — Continued. 

houses  receive  salary  from  treasury,  32 
(9)  ;  representatives  elected  for  flv« 
years,  31(3)  ;  sergeants  at  arms,  32- 
(14)  ;  sessions  public,  32(10). 

Drave  (River),  26  n4. 

Dual  Monarchy,  Hungary  a  part  of,  3, 

Electors:  eligibility,  37(13);  shall  bo 
registered  in  special  lists,  37(4). 

Executive  power,  27. 

Ferdinand  I,  of  Austria,  25. 

Finance,  29(14),  31(6). 

Flume,  Governor  of,  39(4). 

House  of  Representatives :  chooses  Its 
own  president,  32(8)  ;  composition, 
33(5). 

Impeachment  of  ministers,  31(33). 

Independence,  3,  26. 

Interior,  Department  of,  29(14). 

Jazygia,   35(4). 

.Justice  and  Pardons,  Department  of, 
29(14). 

King:  appointive  power,  28(7)  ;  appoints 
ministers  upon  nomination  of  presi- 
dent, 28(12)  ;  appoints  president  of 
Diet,  32(7)  ;  exercises  executive  clem- 
ency, 28(7)  ;  dissolution  of  Diet,  31(5)  ; 
exercises  executive  power,  28(3)  ; 
grants  rank,  title,  and  orders,  28(7)  ; 
his  person  is  sacred  and  inviolable, 
28(1)  ;  ministers  in  attendance  upon 
hia  majesty,  28(13)  ;  ministers  re- 
sponsible to,  28(4)  ;  two  councilors  of 
State  selected,  29(20). 

Knin,  39(4). 

Koevar,  35(4). 

Krasso,  35(4). 

Kraszna,  35(4). 

Laws  :  Bulla  Aurea,  25  ;  Law  10  of  1791, 
26;  Law  12  of  1791,  27;  Law  19  of 
1791,  27  ;  Law  2  of  1848,  modification 
of,  34-37  ;  Law  3  of  1848,  28  ;  Law  4 
of  1848,  31  ;  Law  5  of  1848,  33  ;  Law 
8  of  1848,  33;  Law  18  of  1848,  33; 
Law  20  of  1848,  34(2)  ;  Law  33  of 
1874,  34-37  ;  Transylvanian  Law  2  of 
1848,  35(5)  ;  Diploma  of  20  Oct. 
1860,  25 ;  Patent  of  26  Feb.  1861,  25  ; 
Law  7  of  1885,  38-41. 

Legislative  power,  27. 

Leopold  II,  Decreti,  1791,  26  n^.  27  nJ,  nS. 

Magna  Charta,  compared  with  Bulla 
Aurea,  25. 

Magnates,  see  Table  of  Magnates. 

Martinsberg,    39(4). 

Ministers  :  amenable  to  ordinary  laws  In 
criminal  offenses,  31(36)  ;  appointed 
by  King,  28(7)  ;  competence  of,  29 
(14)  ;  impeachment,  31(33)  ;  juris- 
diction in  impeachment,  31(34)  ;  par- 
don may  be  granted  to  convicted  min- 
isters, 31(35)  ;  President  of  Ministry 
to  preside  in  absence  of  King,  29(17)  ; 
responsibility  of,  30(32)  ;  ministers  re- 


653 


Hungary 


Il^DEX. 


Hnni^ary — Continued. 
Ministers — Continued. 

sponsible    to    King,    28(4)  ;    separate 
minister  at  head  of  each  department, 
29(15)  ;    to   give    proper    explanations 
to  Houses  of  the  Diet,  30(29)  ;  to  sub- 
mit   official    papers,    30(30)  ;    vote    in 
Diet,  30(31). 
Ministry:  composition,   28(10);   founda- 
tion of,  28(1)  ;  seat  of,  28(5)  ;  to  sub- 
mit annual  statement  to  Lower  House, 
31(37). 
Mohfics,  25. 
National    Defense,    Department    of,    29 

(14). 
Palatin,  office  of,  28  nS. 
Pannonhalma,  39(4). 
Pozsony,   Count  of,   39(4). 
Pragmatic  Sanction,  25. 
Press,   freedom  of,  33(1). 
Pressburg,  39(4). 
Priors,  appointed  by  King,  28(7). 
Religion :    equality    of    religious    confes- 
sions, 34(2). 
Religion  and  Education,  Department  of, 

29(14). 
Representatives,  election  of,  33(5). 
Revolution  of  1848,  25. 
Royal  Council  of  the  Regency,  28(6). 
Royal  Council  of  the  Treasury,  28(6). 
Royal  Hungarian  Chancellery,  28(6). 
Royal  Table,  32(8). 
Slavonia,  26  ni,  29  nS. 
Standard  bearers,  28(7),  39(4). 
Subsidies,  27. 
Szoer^ny,  35(4). 
Szolnok,  35(4). 

Table  of  Magnates  :  38(1)  ;  life  members, 
40(5)  ;  loss  of  membership,  40(10)  ; 
Magyar  is  the  language  of  legislation, 
40(9)  ;  members  take  part  in  delibera- 
tions, 40(8)  ;  members  who  have  right 
to  sit,  38(1)  ;  newly  created  offices  do 
not  carry  right  of  seat  In,  40(7). 
Taxation  :  all  inhabitants  are  subject  to, 
33. 

Temes,  35(4). 

Tinnin    (Knin),   39(4). 

Torontal,  35(4). 

Vilagos,  surrender  of  Hungarians  at,  13 
Aug.  1849,  25. 

Voters:  must  be  taxed  in  the  preceding 
year,  36(8)  ;  right  of,  34(1)  ;  who  can 
vote,  34(3)  ;  who  can  not  vote,  36 
(10)  ;  who  may  vote  without  regard 
to  income,  36(9)  ;  who  shall  not  exer- 
cise right  of,  37(1)  ;  see  also  Electors. 

Zarand,  35(4). 
Hushi    (Roumanla),  525(62). 

Idaho  (U.  S.  A.),  621  n2. 
Ilfov    (Roumania),   525(62). 
Ille-et-Vilaine,     Department    of     (France) 
210(2). 


Illinois  (U.  S.  A.),  621  n2. 

Illiterates:  Brazil,  78(70). 

Immigration,  freedom  of:  Brazil,  69(35); 
Costa  Rica,  117(32),  130(12)  ;  Cuba, 
156(29)  ;  Nicaragua,  433(12)-439 
(17)  ;  United   States,  613(10). 

Impeachment:  China,  107(19),  109(41, 
47)  ;  Cuba,  158(47),  168(93)  ;  France, 
197(12)  ;  Greece,  272(80)  ;  Honduras, 
324(14);  Hungary,  31(33);  Liberia, 
365(6),  367(1)  ;  Roumania,  531(101)- 
532(103)  ;  Serbia,  572(136)  ;  United 
States,  608(2),  609(3),  614(2),  615 
(4),  615(12). 

Imperial  Academy  of  Science  (Russia), 
544  nl. 

Imperial  Council,  544  nJ. 

Imperial  Manifesto  17/30  Oct.  1905  (Rus- 
sia), 537. 

Imposts,  see  Commerce. 

Imprisonment:  Brazil,  79(14);  Bulgaria, 
95(74)  ;  Costa  Rica,  115(17)  ;  Cuba, 
154(18)  ;  Guatemala,  282(30)  ;  Nica- 
ragua, 435(30)  ;  Portugal,  501(17). 

Incomes:  United  States,  622  (16). 

Indian    tribes:    United    States,    611(8). 

Indiana   (U.  S.  A.),  621  n2. 

Indictment:   United  States,  618(5). 

Indies,  French,  210(2),  211(4). 

Indre,  Department  of  (Fi-ance),  210(2). 

Indre-et-Loire,  Department  of  (France 
210(2). 

Inner  Mongolia,  106(3),  107(18). 

Industrial  freedom,  see  Occupations,  fre 
dom   of. 

Industries :  Nicaragua,  442(6);  Panam 
461(29). 

Infectious  diseases,  see  Health,  public. 

Insurance:  Germany,  220(4). 

Insurafsi,  535(133). 

Insurrection:  Bulgaria,  94(73);  Unit 
States,  611(8),  621(3). 

Integrity  of  nation  :  Nicaragua,  432(2). 

Intellectual  property:  Germany,  220(4) 
see  also  Copyright. 

International  Commission  of  Control  (A 
bania),    1. 

International  law,  76(60),  180(20). 

Interoceanic  Canal,  476(138). 

Intoxicating  liquors :  United  States,  62 
(11). 

Invasion:  Cuba,  ^65(17)  ;  Honduras,  32: 
(17)  ;  United  States,  612(9),  613(10) 
617(4). 

Inventions  and  inventors:  Brazil,  80(25); 
Cuba,  156(35);  Germany,  220(4); 
Guatemala,  281(20)  ;  Honduras,  321 
(68),  324(16);  Nicaragua,  437(59), 
441(85);  Panama,  462(40),  468(11); 
United  States,  611(8)  ;  see  also  Pat- 
ents. 
Involuntary  servitude:  United  States,  620 
(1). 

Iowa  (U.  S.  A.),  621  n2. 
Ireland,  253(11). 


654 


iin)EX. 


lYory 


Irrigation:  Egypt,  183(36). 

Isfere,  Department  of  (France),  210(2). 

Isle  of  Pines  (Cuba),  174(6). 

Ismail   Kemal   Bey,  1. 

Ismailia  (Egypt).  177(3). 

Istria      (Austria-Hungary),     6(8),      14(1), 

15(6). 
Italian  language,  345(62). 
Italians,  capture  of  Avlona  by,  1. 
Italy:    3,   337-350. 

Albert,  Charles,  King,  337. 

Alliances,  338(5). 

Ambassadors,   341(33). 

Archbishops,  341(33). 

Assembly,  right  of,  341(32). 

Attorney  General,  341(33). 

Bibles,  341(28). 

Bishops,  341(33),  349(15). 

Cardinals,   348(6). 

Castel  Gandolfo,  348(5). 

Catechism,  341(28). 

Catholic  religion,  338(1). 

Chamber  of  Deputies,  338(3)  ;  provisions 
common  to  both  houses,  343-345  ;  see 
also  Senate, 

Church,  relation  of  State  with,  349-350. 

Citizens  :  rights  and  duties,  340-341. 

Civil  list,  339(19). 

Civil  rights,  340(24). 

Cockade,  346(77). 

Communal  Institutions,  346(74). 

Conscription,  346(75). 

Councilors,  341(33). 

Courts,  345(70). 

Courts  of  Appeal,  341(33). 

Courts  of  Cassation,  341(33). 

Crown,  339(19). 

Cyprus,  337. 

Debt,  public,  341(31),  347(4). 

Decorations,  346(80). 

Deputies,  341(33)  ;  see  also  Chamber  of 
Deputies. 

Domicile,  340(27). 

Ecclesiastical  institutions,  350(16). 

Education,  342(19). 

Envoys  extraordinary,  341(33). 

Envoys  to  the  Holy  See,  348(11). 

Equality  before  law,  340(24). 

Exequatur,  350(16),  nl. 

Flag,  346(77). 

French  language,  345(62). 

(Jenoa.  337. 

High  Court  of  .Justice,  342(36). 

Holy  See,  337,  347-349. 

Industrial  liberty,  340(26). 

Intendants  general,  342(17). 

Italian  language,  345(62). 

Jerusalem,  337. 

Judiciary :  345-346 ;  Attorney  General, 
341(33)  ;  High  Court  of  Justice,  342 
(86). 

King,  338(3). 

Knightly  orders,  346(78). 

Language,  345(62). 


Italy — Continued. 

Law  of  Guarantees  of  13  May  1871,  337, 

347. 
Liturgical  books,  341(28). 
Lombardy,  337  nl. 
Major  generals,  342(33). 
Mancini   Law,  343  nS. 
Marches,  337  nd. 
Meetings,  public,  341(32). 
Militia,  346(76). 
Ministers,  341(33),  345(65-67). 
Napoleon  I,  337. 
Neapolitan  Provinces,  337  nl. 
Nice,  345  nl. 

Nobility,  titles  of,  346(79). 
Orders,  346(78). 
Papal :  States.  337  ;  decrees,  ecclesiastical 

ordinances,  and  orders,  339  n2. 
Pensions,  346(88). 
Piedmont,  337,  342  nl. 
Placet,  350(16),  nl. 
Political  rights,  340(24). 
Postal  and  telegraph   oflaces  in  Vatican, 

349(12). 
Prayer  books,  341(28). 
Press,  340-341(28). 
Property,  341(29). 
Provincial  institutions,  346(74). 
Public  debt,  341(31),  347(4). 
Queen  Mother,  339(14). 
Rear  Admirals,  342(33). 
Regency,  339(13). 
Regent,  340(23). 

Religion  :  Church  and  State,  349-350. 
Rome,  337. 

Royal  Academy  of  Sciences,  342(18). 
Royal  family,  342(34). 
Royal  palaces,  339(19). 
Sardinia,  337. 
Savoy,  337,  345  nl. 
Senate:     338(3),     341-342;     provisions 

common  to  both  houses,  343—345  ;  see 

also  Chamber  of  Deputies. 
Sicily,  337  nl,  349(15). 
State  and  Church,  see  Church. 
Statute  fondamentale  of  4  March  1848, 

337. 
Superior   Council   of   Public   Instruction, 

342(19). 
Supreme  Pontiff :  347-349  ;  see  also  Holy 

See. 
Taxation,  341(30). 
Throne,  338(2). 
Titles,  346(79-80). 
Treaties,  338(5). 
Tribunals.  345(70). 
Tricolor  346  n4. 
Tuscany,  337  nl. 
Umbria,  337  nl. 
Vatican,  348(5),  349(12). 
Venice,  Province  of,  337  nl. 
Victor  Emmanuel  II,  37. 
Ivory  Coast  (Africa),  356. 


655 


Jacmel 


INDEX. 


Jacmel   (Haiti),  299(32). 
Jacques  I   (Haiti),  295. 
Jade  (Germany),  231(53). 
Jagodina  (Serbia),  564(81). 
James  II  (England),  256  n2. 
James,   E.   J.,   Foreign   Constitutions    [The 
Convention  Manual  of  the  Sixth  New 
York  State  Constitutional  Convention, 
1894]    (cited),  218  n6. 
Japan:    351-358. 

Agriculture  and  Commerce,  Minister  of, 
356  nl. 

Amnesty.  353(16). 

Army,  352(11),  353(20). 

Assembly,  right  of,  353(29). 

Association,  353(29). 

Board  of  Audit,  358(72). 

Budget,  357(64). 

Cassation,  Court  of,  356  nl. 

Citizens,  rights  and  duties,  353-354. 

Commerce  and  Agriculture,  Minister  of, 
356  nl. 

Communications,  Minister  of,  356  nl. 

Constitution,  amendments,  358(75). 

Constitution  of  11  February  1889,  351. 

Council  of  Ministers,  356  nl. 

Debate,  355(46). 

Deficiency  appropriations,  357(69). 

Domicile,  353(22,  25). 

Emperor,  351-353. 

Finance  :  357-358  ;  Minister  of,  356  nl. 

Foreign  Affairs,  Minister  of,  356  nl. 

Fu,  354  n2. 

Hokushu,  351  n3. 

House  of  Peers,  see  Imperial  Diet. 

House  of  Representatives,  see  Imperial 
Diet. 

Imperial  Diet:  352(7),  354-356;  House 
of  Peers,  354(34)  ;  House  of  Represen- 
tatives, 354(35)  ;  functions,  355(37- 
51)  ;  members,  356(52-54). 

Imperial  House  Law,  358(74). 

Instruction,  Minister  of,  356  nl. 

Interior,  Minister  of,  356  nl. 

Judiciary,  356-357  ;  Minister  of,  356  nl. 

Ken,  354  n2. 

Letters,  secrecy  of,  353(26). 

Loans,  357   (62). 

Marine,  Minister  of,  356  nl. 

Meetings,  public,  353(29). 

Migration,  353(22). 

Military  affairs,  352(11,  13),  353(20). 

Ministers  of  State,  356(55-56). 

Nansei,  351  nS. 

Navy,  352(11). 

Nobility,  353(15). 

Orders,  353(15). 

Ordinances,   352(9). 

Pardon,  353(16). 

Peace,  352(13). 

Petition,  right  of,  354(30). 

Prime  Minister,  356  nl. 

Primogeniture,   352  nl. 

Privy  Council,  see  Ministers  of  State. 

Property,   353(27). 


I   Japan — Continued. 
Publication,   353(29). 
Regent,  353(17). 
Rehabilitation,  353(16). 
Religious  freedom,   353(28). 
Residence,   353(22). 
Shogun,  351. 
Siege,    352(14). 
Speech,  liberty  of,  358(29). 
Taxation,  353(21),  357(62). 
Titles  of  nobility,  353(15). 
Tokyo,  351  n2. 
Treaties,  352(13). 
Trials,  356(59). 

War  :  352(13)  ;  Minister  of,  356  nl. 
Writing,   353(29). 
Jassy    (Roumania),  525(62). 
Jassy   (Roumania),  University  of,  527(73). 
Jazygia   (Hungary),  35(4). 
J^r^mie  (Haiti),  299(32). 
Jersey   (England),  253(10). 
Jerusalem,  337. 
Jesuits,  Portugal,  500(12). 
Jesus,  Society  of  (Portugal),  500(12). 
Jewish  religion,  57  »i4. 
Jews,  518  n2,  540  nl. 
Jimaguaya  Constitution  (Cuba),  172(1). 
Journal  de  St.  Petershourg  of  4  Nov.  1905 

(cited),  537  nl. 

Journal  offtciel  (French,  cited),  193  nl,  195 

nl,  nS,  198  nl,  nS,  n8,  203  n6,  208  n5, 

210  nl,  213  nS,  214  nl,  nS,  nJi,  215  nl 

Journal  offtciel  de  la  R6puMique  d'HaUi,  see 

Moniteur,  Le. 
Judiciary:    Austria,    17(11),    21-23;    Bel- 
gium,   45(9),   46(30),   54-55,    58(127), 
59(137);   Brazil, -64(15),   74-76;   Bui 
garia,    89(13),    104(161)  ;    China,    110 
(48-52)  ;    Costa   Rica,   112(4),   113(7) 
115(21),    124(6),    141(108),    150(10); 
Cuba,     154(6,     14-15,     19),     155(21) 
158(47),     164-167;     Egypt,     183(37), 
189(51)  ;    France,    195(9)  ;    Germany 
221-223,     237(74-77)  ;     Greece,     274- 
276;    Guatemala,   291(95,    98);    Haiti 
307-309,  313(A)  ;   Honduras,  322(76) 
330-332;  Italy,  341(33),  342(56),  34J 
(70)  ;    Japan,    356-357  ;    Liberia,    361 
(7,     10),     366(1),     368(5),     370(2,3) 
Luxemburg,      397(49),      401(84)^405 
(95);      Montenegro,      422(142-154) 
Nicaragua,      433(16),      444(99),      441 
(117),      450(122-123),      451(132)-451 
(139)  ;  Panama,  460(22,  25),  466(19) 
468(17),  471(90,  92,  95,  97,  98),  473- 
474,    477(2)  ;    Persia,     492(27),    49 
497;  Portugal,  511(56)-512(64)  ;  Rou- 
mania,   523(36),    532(104-105)  ;    Rus 
sia,    540(22)  ;    Serbia,    559(39),    575 
578;    Turkey,     600(81)-602(95),    60 
(117)  ;  United  States,  615(2),  616(1) 
617(6),    619(11)  ;    see    this   title    aUi 
under  each  State. 
Juge  d'instruction   (Turkey),   605(119). 
Jura,  Department  of  (France),  210(2). 


656 


INDEX. 


Liberia 


■Jurift(licri6  n    conten  cioso-administrativa 

(Costa  Rica),  141(109). 
Jury    trial:    Austria.    2y(ll)  ;    Belgium,    55 

(98);     Brazil,     81(31);     Serbia,     575 

(148)  ;  United  States,  615(2),  619(6), 

G19(7)  ;  see  alao  Judiciary. 

I  .Kajars,  481. 

Kalloubloh    (Egypt),  177(3). 

Kansas  (U.  S.  A.),  621  n2. 

Karagoorge  (Serbia),  553. 

Kariljal  (France),  211(6). 

Kazas,  603(109). 

Kazi  a^ker,  598(62). 

Kena  (Egypt),  177(3). 

Kentucky   (U.  S.  A.),  621  n2. 

Kernan,  Julia  K.   (translator),  549  nl. 

Khedive  (Egypt),  175,  188(47). 

Kiel   (Germany),  231(53). 

•King  (ruler)  :  Belgium,  51-53;  Bulgaria,  90 
(25)  ;  Greece,  266-268  ;  Hungary,  28- 
29;  Italy,  338(3);  Persia,  493(39), 
494(41,  43,  46,  48),  495(57);  Rou- 
mania,  428-431  ;  Serbia,  559-563,  585 
(201). 
f    Knin   (Hungary),  39(4). 

Knjashevatz   (Serbia),  564(81). 

Koevar    (Hungary),  35(4). 

Kragujevatz    (Serbia),  564(81). 

Krasso    (Hungary),   35(4). 

Kraszna   (Hungary),  35(4). 

Krushevatz    (Serbia),    564(81). 

Kuo-ming-tang,  105. 

Lnything,  Norwegian,  538  nl. 

Landes,  Department  of   (France),  210(2). 

Landes  -  Qmetzhlatt,  Liechtensteinisches 
(cited),  382  nl. 

Landesordnung   (Austria),  18  nl. 

Landespriisident   (Austria),  18  nl. 

Landwehr  (Germany),  233(59). 

Lauenburg    (Germany),   219(1),    221(6). 
I  Lee,   F.   B.,   translation   of  Constitution  of 
I  Belgium   (cited),  44  nl. 

!  Legal  tender:  United  States,  613(10). 

Legislation :  Belgium,  47-48,  52-53,  58 
(85)  ;  Brazil,  64,  65(17)  ;  Bulgaria, 
88(9),  98(108),  104(167)  ;  Costa  Rica, 
112(4).  123(59),  126(67)  ;  Cuba,  154 
(4),  154(12),  158(44);  Egypt,  175- 
187;  France,  208 (1) -209 (9)  ;  Ger- 
many, 219-221;  Guatemala,  283(40); 
283(41,  44),  284(52),  286(56),  287 
(59,  62);  Haiti,  298-304;  Honduras, 
322-326;  Hungary,  27;  Italy,  338(3), 
341-345;  .Tapan,  352(7),  354-356; 
Liberia,  362(14),  36^-366,  371(6)  ; 
Liechtenstein,  379(38)  ;  Luxemburg, 
397-400 ;  Nicaragua,  438-445 ;  Pan- 
ama, 458,  463,,'  471-473,  477-478; 
Persia,  481,  482-490,  492(27),  497 
(90-93)  ;  Portugal,  503-508,  515(86)  ; 
Roumania.  522(32),  524-528;  Russia, 
538(7),  544(56)-547(77)  ;  San  Ma- 
rino,    549(l)-552(42)  ;     Serbia,     559 


Legislation — Continued. 

(33-37)  ;   Turkey,   593-600,   604(117), 
605(121)  ;  United  States,  611(8),  620 
(2),    622(5),    622(2)  ;    see    also    legis- 
lative body  of  each  individual  State. 
Le6n    (Nicaragua),  449(117). 
Leopold   of  Saxe-Coburg,   43. 
Leopold  II   (Hungary),  Decretum  of  1791, 

26  nh  27  nl,  n2. 
Leskovatz    (Serbia),    564(81). 
Letters,  secrecy  of  :  Austria,  12(10)  ;  Brazil. 
80(18)  ;  Bulgaria,  95(77)  ;  China,  106 
(6)  ;  Cuba,  155(22)  ;  Greece,  265(20)  ; 
Guatemala,   283(35)  ;   Haiti,   298(23)  ; 
Honduras,    319(47),    322(75)  ;    Japan, 
353(26)  ;  Luxemburg,  395(28)  ;  Persia, 
492(22)  ;     Portugal,     502(28)  ;     Rou- 
mania,    521(25);     Serbia,     557(23); 
Turkey,   605(119). 
Letters    of    marque:    Nicaragua    447(15); 
Panama,  461(28)  ;  United  States,   611 
(8). 
Linkhoflf,  481. 
Liberia  I    359-374. 

Aborigines,  373(14). 

Ambassadors,  366(1),  368(5). 

American  Colonization  Society,  374(16). 

Arms,    361(12). 

Arrest,  366(11). 

Assembly,  right  of,  360(5). 

Attorney  General,  366(1),  368(5). 

Ball,    361(10). 

Bassa  County,  364(5). 

Cabinet,  366(1),  368(5). 

Census,  365(7). 

Chief  Justice,  370(3). 

Citizenships,  373(13). 

Commonwealth  of  Liberia,  359. 

Constitution,  may  be  altered,  374(17). 

Constitution  of  26  July  1847,  359. 

Consuls,  366(1),  368(5). 

Coroners,  366(1),  368(5). 

Crime,   361(7). 

Domicile,    361(9). 

Duties,    362(16). 

Elections,  361(11). 

Equality  before  the  law,  360(1). 

Estates,  373(11). 

Executive  power  vested  in  President, 
366(1)  ;  Vice-President,  367(2)  ;  Secre- 
tary of  State,  367(3)  ;  Secretary  of 
Treasury,  368(4)  ;  public  officers,  368 
(5-6). 

Ex-presidents,  369(9). 

House  of  Representatives,  see  Legislature. 

Impeachments,  365(6),  367(1). 

Imports,  362(16). 

Ivory  Coast,   359. 

Judges,  366(1),  368(5). 

Judiciary:  362(14),  369-370;  adminis- 
tration of  justice,  360(6). 

Justices  of  peace,  366(1),  368(5). 

Legislature:  362(14),  363-366;  House  of 
Representatives,  363(2)  ;  vacancies, 
364(3)  ;   officers,   364(4)  ;    Senate,   364 


667 


Liberia 


INDEX. 


L.lberia — Continued. 

Legislature — Continued. 

(5)  ;  impeachments,  365(6)  ;  census, 
365(7)  ;  election,  365(8)  ;  functions, 
365-366  ;  members,  privileges,  366(11)  ; 
meetings,  371(6). 

Liberty,  360(1),  361(8). 

Marshals,  366(1),  368(5). 

Military  power,   361(12). 

Monrovia,  359  n2. 

Montserrado  County,  364(5). 

Native  tribes,  374(15). 

Pardon,  367(1). 

Petition,  right  of,  360(5). 

President,  366(1)  ;  qualifications,  368 
(7)  ;  salary,  369(8)  ;  oath,  369(8)  ;  ex- 
presidents,  369(9)  ;  elections,  370(4--5). 

Press,  freedom  of,  362(15). 

Printing,  362(15). 

Prisoners,  363(20). 

Property,  360(1),  362(13),  373(10). 

Property  rights,  373(10-11)  ;  see  also 
Real  estate. 

Public  officers,  363(19),  368(5-6)  ;  to  re- 
main until  others  are  appointed,  370 
(2)  ;  oath,  372(7)  ;  elections,  372(8)  ; 
removal  from  office,  368(6). 

Real  estate,  none  but  citizens  can  hold, 
373(12,  14). 

Religion,  freedom  of,  360(3). 

Senate,  see  Legislature. 

Sheriffs,  366(1),  368(5). 

Sinoe  County,  364(5). 

Slavery,  360(4). 

Speech,  freedom  of,  362(15). 

Subsidy,  362(16). 

Supreme  Court,  370(2). 

Vice-president,  367(2). 

Widow's  share,  see  Property  rights. 
Libro  del  ciudadano  cubano.  El,  see  Sedano 

y  Agramante,  J.  R. 
Liechtenstein:    375-390. 

Arrests,  376(9-11). 

Associations,   377(18). 

Charles  VI,  375. 

Citizens :  rights  and  duties,  376-377 ; 
political  rights,  376(5)  ;  military  serv- 
ice, 377(21). 

Citizenship,  376(6). 

Complaint,  right  of,  377(19). 

Confederation,  German,  377  nl. 

Confiscation,  377(16). 

Constitution,  guarantee  of,  389-390. 

Diet:  379-381  ;  powers,  380(40)  ;  powers 
in  conjunction  with  prince,  381(46- 
50)  ;  election  of  members,  382-386 ; 
functions,  386-388 ;  Diet  Committee, 
388-389;  oath,  388(103). 

Diet  Committee,  388-389. 

Domicile,  376(12). 

Ecclesiastical  foundations,  381(51), 

Education,  381(51-54). 

Finance,  380(40,  43),  381(46). 

Freedom  of  worship,  376(18). 

German  Confederation,  377  nl. 


liieclitenstein — Continued. 

Government  is  hereditary,  376(3). 

Loans,   381(47). 

Migration,    376(4). 

Military   affairs,    377(21),    380(40),    380 

(50). 
Pensions,  381(48). 
Petition,  right  of,  377(19). 
Political  rights,  376(5). 
Prince:   head  of  State,   375(2)  ;   author- 
ity and  exercise  of,  878-379, 
Religion:   freedom   of  worship,   376(18); 

ecclesiastical  foundations,  381(51). 
Rietberg,  375. 

Salaries  and  pensions,  381(48). 
Schellenberg,  375. 
Schools,   381(51-54). 
State  officers,  oath,  390(124). 
Taxation,  380(40,  43). 
Troppau,  375. 
Vaduz,  375. 
Liechtensteinisches  Landes-O  e  s  e  t  shlat  ti 

(cited),  382  nl. 
Limbourg    (P>elgium),  44(1), 
Limon  (Nicaragua),  143(116). 
Lindsay,    S.    M.,   and   L.    S.    Rowe,    Supple-1 
merit   to   the  Annals   of   the  American] 
Academy   of   Political   and  Social  8ci-\ 
ences,  'November,  1894  (cited),  387  nS. 
Lippe   (Germany),  219(1),  221(6),  224  n^. 
Liquors,  see  Intoxicating  liquors. 
Literary  degrees,  see  Degrees. 
Liturgical  books,  840(28). 
Loans:  Austria,  16(11);  Austria-Hungary,.] 
5(3)  ;     Brazil,     68(2)  ;     Bulgaria,     98 
(105),     100(123)  ;     China,     107(19)  ; 
Costa    Rica,    180(7),    131(78)  ;    Cuba, 
161(59),    168(93),    170(105)  ;    Egypt, 
179(18)  ;    Germany,    236(73)  ;    Guate- 
mala,    286(6)  ;     Honduras,     325(29), 
328(17)  ;     Italy,     358(29)  ;     Liechten- 
stein,  381(47);   Luxemburg,   402(99); 
Montenegro,    416(93),    420(9)  ;    Nica- 
ragua,    437(55),     442(15),     447(24); 
Panama,     465(6)  ;     Persia,     485(25)  ; 
Portugal,     506(4);    Russia,    546(76); 
see  also  Finance. 
Lodomeria  (Austria-Hungary),  6(8),  14(1), 

15(6). 
Loir-et-Cher,  Department  of   (France),  210 

(2). 
Loire,  Department  of  (France),  210(2). 
Loire-Inf^rieure,   Department   of    (France), 

210(2). 
Loiret,  Department  of  (France),  210(2). 
Lombardy,  337  nl. 
London,  241(9). 

London,  Treaty  of,  261,  392  nS,  J,. 
London  Conference  of  Ambassadors   {1912), 

1. 
London  Times  (cited),  1  n2. 
Los  Santos  (Panama),  458(4). 
Lot,   Department  of    (France),   210(2). 
Lot-et-Garonne,    Department    of    (France), 
210(2). 


658 


INDEX. 


Markets 


Louis  XVIII  (France),  191(6). 

Louis  Napoleon  Bonaparte,  192(9). 

Louisiana   (U.  S.  A.).  621  n2. 

Loz&re,  Department  of  (France),  210(2). 

Loznitza    (Serbia),    564(81). 

Loubet's  Award,  11  Sept.  1900,  113(5). 

Ltibeck    (Germany),    219(1),    221(6),    224 

nJf,  236  nl. 
Lunacy:  Portugal,  502(36). 
Luxemburg:    44(1),   391-405. 

Adolphus,  duke  of  Nassau,  391,   396  nl. 

Assembly,  right  of.  394(24). 

Associations,   395(26). 

Branding,  393(18). 

Caution   money,   394(24). 

Censorship,   394(24). 

Chamber  of  Accounts,  403(105). 

Chamber  of  Deputies  :  397-400  ;  eligibil- 
ity, 397(52)  ;  term,  398(56)  ;  oath, 
398(57)  ;  meetings,  398(61)  ;  func- 
tions, 309(62-72)  ;  salary,  400(75). 

Chateau  of  Walferdange,   396(44). 

Citizens,  393-395. 

Civil    deaths,    393(18). 

Civil  list,  396(43). 

Civil   marriage,    394(21). 

Civil   offices,   395(35). 

Coinage,   396(39). 

Communes,  403(107),  404(108). 

Congress  of  Vienna,  391. 

Constitution:  revision  of,  404(114)  ;  sup- 
plementary   provisions,    405(116-121). 

Constitution  of  17  Oct.  1869,  392-405. 

Death   penalty,   393(18). 

Domicile,   393(15). 

Education,    394(23). 

Electoral  Code,  397  n2. 

Equality  before  law,   393(11). 

Erbverein,  Na^sauischer,  392  w4. 

Familienstatut,  391. 

Finance:  402-403. 

Foreigners,    404(111). 

French  language,   395(29). 
.   German  Confederation,  391. 

German  language,  395(29). 

Government,  bureaux  of  the,  400  nl. 

Government  House,  396(44). 

Government  of  •'he  Grand  Duchy,  400- 
401. 

Grand  Duke:  392(4)-393(8)  ;  oath,  392 
(5)  ;  regent,  393(8)  ;  prerogatives  of, 
395-396;  civil  list,  396(43)  ;  appoints 
members  of  government,  400(77)  ; 
regulates  organization  of  government, 
400(76). 

Hague.  The,  400  nS. 

Impost,  402(99). 

Judiciary :  justice,  administration  of, 
397(49),  401(84-89)  ;  Justices  of  the 
peace,  401(90)  ;  judges  and  counselors, 
401  (90-91,  93)  ;  salaries,  401(92)  ; 
special  tribunals,  402(94-95)  ;  Su- 
perior Court  of  Justice,  401(87),  nl, 
402(95). 


I^uxeinburK — Continued. 

Legislature,   396-397  ;   see  also   Chamber 

of  Deputies. 
Letters,  secrecy  of,  395(28). 
Loans,  402(99). 
Luxemburg  (City),  404(109). 
Marriage,  394(21). 
Military   affairs,    395(35),   396(37),    402 

(94,  96-98). 
Ministers    of    religion,    salaries    of,    403 

(106). 
Nassau,  House  of,  392  n-i. 
Nassau  Family  Pact,  391. 
NassoMisoher  Erbverein,  392  n-J. 
Naturalization,  393(10). 
Netherlands,  391,  392  no,  400  nS. 
Nobility,  titles  of,  396(40). 
North  German  Confederation,  391. 
Nuptial  benediction,  394(21). 
Orange-Nassau,  392  «^. 
Orange-Nassau,  House  of,  392  n5. 
Pension,  403(103). 
Person,  liberty  of.  393(12). 
Petition,  right  of,  395(27). 
Property  rights,  393(16-17). 
Public  force,  see  Military  affairs. 
Public  officials,  oath,  404(110). 
Religion:  freedom   of,    394(19);    salaries 

of  ministers,  403(106). 
Sovereign  power,  395(32). 
Speech,  liberty  of,  394(24). 
State,  Council  of,  398  nS,  400  n2. 
Superior  Court  of  Justice,  401(87). 
Territory  of  the  Grand  Duchy,  392(1-2). 
Titles  of  nobility,  396(40). 
Treaties,  396(37). 
Treaty  of  London,  391,  392  nS,  nl 
Treaty  of  Vienna,  392  n^. 
Walferdange,  chateau  of,  396(44). 
William,  Grand  Duke,  396  nl. 
William  III,  391. 

MacMahon,  Marshal  de,  194  n5. 

Magna  Charta,  compared  with  Bulla  Aurea, 
25 ;  see  this  title  also  under  Great 
Britain. 

Magnates  (Hungary),  38(1),  40(5-10). 

Maine  (U.  S.  A.),  621  n2. 

Maine-et-Loire,  Department  of  (France), 
210(2). 

Mallory,  W.  M.,  Treaties,  Conventions,  In- 
ternational Acts,  Protocols,  and  Agree- 
ments  between  the  United  States  of 
America  and  other  Powers  (cited),  151 
nl,  nS. 

Managua  (Nicaragua),  431. 

Manche,  Department  of  (France),  210(2). 

Mancini  Law,  The,  343  nS. 

Map  of  Europe  by  Treaty,  see  Hertslet,  E. 

Maranhao  (Brazil),  66  i}S. 

Marine  and   navigation,  see  Navigation. 

Maritime  jurisdiction :  United  States,  615 
(2). 

Markaz   (Egypt),  187(44). 

Markets  :  Egypt,  184(38). 


Marne 


INDEX. 


Marne,  Department  of   (France),  210(2). 

Marriage:  Costa  Rica,  138(14);  Luxem- 
burg, 394(21)  ;  see  also  Civil  marriage. 

Martens,  Nouveau  Recueil  (cited),  43  nl; 
Recucil'de  Traites   (cited),  392  M. 

Martial  law:  Nicaragua,  454(159)  ;  see  also 
Military  affairs. 

Martinique,  210(2). 

Martinsberg  (Hungary),  39(4). 

Maryland  (U.  S.  A.),  607  nl,  608(2). 

Massachusetts  (U.  S.  A.),  607  nl,  621  n2, 
608(2). 

Matto  Grosso  (Brazil),  66  nS. 

Mayenne,  Department  of  (France),  210(2). 

Mayors:  Panama,  475(132),  478(5). 

Measures,  see  Weights  and  measures. 

Mecklenburg-Schwerin  (Germany),  219(1), 
221(6),  224  nJf. 

Mecklenburg-Strelitz  (Germany),  219(1), 
221(6),   224   M- 

Medical  matters,  see  Health,  public. 

Medical  profession,  see  Physicians. 

Meetings,  see  Assembly. 

Mehedintsi  (Roumania),  525(62). 

Mejlis  (National  Council  of  Persia),  481. 

Menoufieh  (Egypt),  177(3). 

Mensaje  del  Presidente  (Honduras)  (cited), 
315  nS. 

Metropolitan  (Parish,  San  Marino),  550(9). 

Meurthe-et-Moselle,  Department  of 
(France),  210(2). 

Meuse,  Department  of  (France),  210(2). 

Michigan   (U.   S.  A.),  621  n2. 

Migration:  China,  160(6);  Costa  Rica, 
117(32)  ;  Cuba,  155(29)  ;  Germany, 
220(4)  ;  Japan,  353(22)  ;  Liechten- 
stein, 376(4)  ;  Panama,  400(21)  ;  Rus- 
sia, 541(34)  ;  Serbia,  556(14). 

Milan  I  (Serbia),  561  nl. 

Milanovatz  (Serbia),  564(81). 

Military  affairs:  Austria,  16(11),  24(5); 
Austria-Hungary,  4(1),  4(2)  ;  Bel- 
gium, 55(105)  ;  Brazil,  65(23),  68(20), 
72(48),  78(70),  81(76),  82(87)  ;  Bul- 
garia, 89(11),  94(71),  94(73), 
98(102)  ;  China,  106(14),  109 
(34)  ;  Costa  Rica,  114(12),  116(25), 
129(7),  130(9),  136(92),  137(99)  ; 
Cuba,  162(11),  165(17)  ;  167(90),  173 
(1),  174(4)  ;  Finland,  538  nl;  France, 
193(3)  ;  Germany,  221(14),  222(8), 
232-235;  Greece,  264(14),  266(32), 
270(60),  271(71),  276(97),  277(106)  ; 
Guatemala,  281(22),  284(50),  286(14), 
290(11)  ;  Haiti,  311(118)  ;  Honduras, 
323-325,  328,  332;  Italy,  341(33), 
346(76) ; Japan,  352(11-13),  353(20) ; 
Liberia,  361(12)  ;  Liechtenstein,  377 
(71),  380(40,  50)  ;  Luxemburg,  395 
(35),  396(37),  402(94-98)  ;  Monte- 
negro, 408(9),  420  (122-127),  427  (215)  ; 
Nicaragua,  442(9,  22),  446(13),  447 
(14),  448(30-31),  452(140-143) ;  Pan- 
ama, 460(22),  465(11),  468(19),  475 
(122-127),      480(14)  ;      Persia,      494 


Military  affairs — Continued. 

(47-50),  497(87),  498(104-107)  ;  Por- 
tugal,   513(68,    75)  ;    Roumania,    530 
(93),  534(118-122),  535(131)  ;  Russia, 
538  nl,  539(14),  541(28),  543(54),  547 
(77);    Serbia,    559(46),    583(194)-584 
(199);    Turkey,    598(12),    604(113); 
United   States,  611(8). 
Militia:  United  States,  611(8),  618(2). 
Minas  Geraes   (Brazil),  66  n3. 
Mines:   Greece,   265(17);   Montenegro,  423 
(166)  ;  Nicaragua,  444(79)  ;  Serbia,  580 
(175). 
Minieh   (Egypt),  177(3). 
Ministro  de  Oohernacion   (Costa  Rica),  135 

(91). 
Minnesota  (U.  S.  A.),  621  n2. 
Minors  :  Costa  Rica,  138(13). 
Misdemeanor:  United  States,  615(4). 
Mississippi  (U.  S.  A.),  621  n2. 
Missouri  (U.  S.  A.),  621  n^. 
Mobilization,  see  Military  affairs. 
Modern  Constitutiotis,  by  W.  F.  Dodd,  see 

.  Dodd,  W.  F. 
Mohacs  (Hungary),  25. 
Mohammed  All,  Crown  Prince  or  Valiahd, 

489  nl. 
Mohammed  Ali  Shah  Kajar,  481,  493(36). 
Mohammedans,  540  nl. 
Moldavia,  517. 
Monastic   Orders:   Brazil,   78(70);    Hondu- 

,ras,  320(58). 
Mongolia,  106(3),  107(18). 
Moniteur,  he  (Belgium),  46  nl. 
Moniteur,  Le,  Journal  offlciel  de  la  R6pul)- 
lique    d'Haiti,    295    Jii,    304(66),    313 
(128). 
Monopolies:     Honduras,    320(59);    Monte- 
negro, 423(165)  ;  Nicaragua,  438(51)  ; 
Panama,    462(38),    477(146)  ;    Persia, 
485(24)  ;  Serbia,  580(176). 
Monrovia   (Liberia),  359  n2. 
Montana  (U.  S.  A.),  621  n2. 
Montegiardino    (Parish,    San   Marino),   550 

(9). 
Montenegro:   407-429,  553(4). 
Amnesty,    408(12). 
Antivari,  Archbishop  of,  421(129). 
Army,  408(9). 
Assembly,  National,  408  nl. 
Assembly,  right  of,  427(213). 
Cabinet,  418-419. 
Catholic  Church,  421(129). 
Censorship,  427(210). 
Citizens  :   426-427  ;   equality  before  law, 
426(196)  ;    domicile,    426(204)  ;    prop- 
erty  rights,   426(205)-427(207)  ;   per- 
sonal   rights    and    liberties,    427(208- 
214)  ;  renunciation  of  nationality,  427 
(215)  ;   foreigners,   427(216)  ;   extradi- 
tion,   427(217)  ;    electoral   rights,   412 
(48-53). 
Civil  list,  411(35). 
Coat  of  arms,  411(38). 
Coinage,   408(10). 
Colors,  national,  411(39). 


INDEX. 


Naturalization 


Monteneiarro — Continued. 

Communes:  424(170)-425(189)  ;  admin- 
istration, 42;")  (177)  ;  Juridical  persons, 
425(187-189). 

Concessions,   423(167). 

Constitution  :  can  not  be  suspended,  427 
(218)  ;  modification,  competion,  or  in- 
terpretation, 427(219) — 428(221). 

Control  General  of  State.  424  (170-175). 

Council  of  State:  428(4);  composition, 
419(118)  ;  functions,  419(120). 

Danilo,  Prince,  429(3). 

Decorations  and  titles,  408(9). 

Domicile,  426(204). 

Eastern  Orthodox  Church,  411(40),  421 
(129-137). 

Education,  421(138)-422(140). 

Episcopal  Synod  (Eastern  Orthodox 
Church),  421(129,  131). 

Extradition,   427(217). 

Finance:  423  (155-162)  ;  loans,  416(93), 
420(9). 

Foreigners,  427(216). 

Government,  form  of,  408(1). 

Heir  apparent,   408(15). 

Hospodar,  the  Prince,  see  Prince  Hospo- 
dar. 

Judiciary,  422    (142-154). 

Kingdom  proclaimed,  429(1). 

Law  of  28  Aug.   1910,  429(1-5). 

Loans,  416(93),  420(9). 

Metropolitan,  421(129). 

Military  affairs,  408(9),  420(122-127), 
427(215). 

Ministers,   418-419. 

Mines,  423(166). 

Monopoly,  right  of  belongs  to  the  State, 
423(165). 

Mufti   (Montenegrin),  421(129). 

National  representation,  see  Skupshtina. 

Nicholas  I,  Petrovitch  Ni^gosch,  407(1), 
409(18),   429(2). 

CEcumenical    Eastern    Orthodox    Church, 
see  Eastern  Orthodox  Church. 
.     Pardon,  408(13). 

Pre.ss,  freedom  of.  427(210). 

Prince  Hospodar:  408(2)-411(35)  ;  pre- 
rogatives, 408(2-13)  ;  duties,  408 
(14)-410(22)  ;  succession,  410(23)-41 
(34)  ;  majority,  409(20)  ;  oath,  410 
(22)  ;  regency,  410(24)--411(34)  ; 
civil  list,  411(35). 

Proclamation  of  18/31  Oct.  1905,  407. 

Property  of  State,  see  State  Property. 

Property  rights,  426(205-206). 

Proselytism,  421(136). 

Public  service,  425(190)-426(195). 

Reigning  House,  409(18). 

Religion:  freedom  of,  420(128);  rela- 
tion of  religious  bodies  to  State,  411 
(40),  421(129-137). 

Service  of  State,  see  Public  service. 

Skupshtina  :  409(17)  ;  convocation,  412 
(42)  ;    elections,    412(43)  ;    candidates, 


Montenefcro — Continued. 
Slcupshtina — Continued. 

413(54-60)  ;   sessions,    413(61)  ;   oath, 
413(63)  ;     competence    and    functions, 
414-417. 
Speech,   freedom   of,  427(209). 
State     Church,     411(40),     420(128)-421 

(137). 
State  property:  423(163)-424(169)  ;  dis- 
tinct from  private  property  of  Prince 
Hospodar,  424(169). 
Succession,  410(23)-411(34). 
Supreme  tribunal,  428(5). 
Territory,  alienation  of,  411(36). 
Treaty  of  Berlin,  407. 

Montepios,  443(26). 

Montserrado  County  (Liberia),  364(5). 

Moodir  (Egypt),  183(35),  184(2),  189(49). 

Moodirieh  (Egypt),  176(2),  182(35),  183 
(37). 

Morals:  Nicaragua,  432(5). 

Moravia  (Austria-Hungary),  6(8),  14(1), 
15(6). 

Morbihan,  Department  of  (France),  210(2). 

Moreau,  F.,  et  J.  Delpech,  Les  R^glementa 
des  Assemhlees  legislatives  (cited),  9 
nl,  20  ti3,  33  nl,  48  nl. 

Mort  citnle  (Belgium),  45(13),  n2;  see  also 
Civil  death. 

Moscow,  544  nl. 

Mozaffer-ed-DIn,  Shah   (Persia),  489  nl. 

M'pret  (Albania),  1. 

Mufti,  421(129). 

Mujtahids   (Persia),  490. 

Municipalities:  Brazil,  77(68)  ;  Costa  Rica, 
122(55),  143-146;  Cuba,  161(59).  170- 
171;  Egypt,  177(3)  ;  Greece,  277(105)  ; 
Guatemala,  292(97)  ;  Honduras,  333- 
334;  Nicaragua,  453(145-153);  Pan- 
ama, 458(4),  466(24),  475(131-132), 
478(5),  479(12)  ;  Serbia,  578(162- 
163)  ;  Turliey,  604(112). 

Mushir-ed-Dowleh,  Grand  Vizier  (Persia), 
489  nl. 

Mussulman  faith  (Turkey),  590(4),  591 
(11). 

Mustantik  (Turkey),  605(119). 

Muvella  (Turkey),  601(89). 

Namur  (Belgium),  44(1). 

Nanijing  (China),  105. 

Napoleon  I,  191(4),  217,  337. 

Napoleon  Bonaparte,  Louis,  192(9). 

Nassau  Family,  Pact  of,  391  n5. 

Nassau,  House  of,  392  w^. 

National  territory,  see  Territory. 

Nationality:  Cuba,  154(4),  172(2):  Haiti, 
296(3)  ;  Nicaragua,  432(6)-433(ll). 

Natives:  Liberia,  373(14)  ;  Nicaragua,  448 
(38). 

Naturalization:  Belgium.  44(5);  Brazil, 
69(24)  ;  Bulgaria,  93(56)  ;  Costa  Rica, 
119(40);  Cuba,  162(9);  Honduras, 
325(37),     329(22)  ;     Luxemburg,     393 


661 


Naturalization 


INDEX. 


Naturalization — Continued. 

(10)  ;  Nicaragua,  432(7,  9),  433(3,  4), 
447(16)  ;  Serbia,  575(9)  ;  United 
States,  611(8),  621(1). 

Naval  affairs:  Austria-Hungary,  4(1,  2); 
Brazil,  72(48),  81(76-77),  82(85),  83 
(87)  ;  China,  108(32)  ;  Cuba,  162(11), 
165(17),  174(7)  ;  Germany,  221(14)  ; 
Italy,    341(33)  ;    Japan,    346    nl,    352 

(11)  ;  Nicaragua,  442(19)  ;  Russia, 
539(14),  543(54-55),  547(77); 
United  States,  611(8),  615(2). 

Navigation:      Austria,      17(11);      Austria- 
Hungary,     4(1)  ;    Brazil,    72(48),     81 
(76),    82(85)  ;    China,    108(32)  ;    Ger- 
many, 220(7),  222(8),  231-232  ;  Japan, 
346  nl;  Nicaragua,  447(24),  450(123)  ; 
Panama,   460(22). 
Nawrfiz  (Persian  New  Year's  Day),  485  nl. 
Neapolitan  Provinces,  337  nl. 
Nebraslja   (U.  S.  A.),  621  n2. 
Negotin    (Turkey),   564(81). 
Netherlands,  391,  392  n5,  400  nS. 
Neuwied,  1. 

Nevada  (U.  S.  A.),  621  n2. 
New  Hampshire  (U.  S.  A.),  608(2),  621  n2. 
New  Jersey  (U.  S.  A.),  608(2),  621  n2. 
New  Mexico  (U.  S.  A.),  621  n2. 
New  York  (U.  S.  A.),  608(2),  621  n2. 
New  York  State  Constitutional  Convention, 
1894,  The  Convention  Manual   (cited), 
44  nl,  61  nl,  62  nl,  n6,  193  nl,  218  n6. 
Nicaraj^ua:    113(5),    431-455. 
Academic  degrees,  443(86). 
Admission    to    country,    denial    of,    434 

(17). 
Agriculture,  442(6). 

Alienation  of  national  property,  442(14). 
Amnesty,  441(85),  446(111). 
Amparo,  see  Law  of  asylum. 
Army,  452(140-143). 
Arrest,  435(26). 
Assembly,   freedom  of,   437(48). 
Asylum,  433(12). 
Atlantic  Ocean,  431(1). 
Authors,   437(59),   441(85). 
Banks,  443(26). 

Bills  (presented  to  Houses),  443-445. 
Blueflelds,  449(117). 
Budget,   451(132),  452(139). 
Catholic,  Apostolic,  and  Roman  religion, 

432(5). 
Census,  448(36). 
Central  America,  433(10). 
Central  American  Republics,  432(2). 
Central  American  Union,  431. 
Charity,  see  Department  of  Charity. 
Citizens  :  434(18-22)  ;  rights  and  guaran- 
tees, 434(23)-438(64)  ;  see  also  Nica- 
raguans. 
Civil  Code,  444(99). 
Civil  rights,  433(13). 
Coat  of  Arms,  443(27). 
Code  of  Commerce,  444(79). 
Code  of  Procedure,  444(99). 


IVicaragraa — Continued. 

Coinage,  442(17). 

Colonization,  447(24). 

Commerce,  442(7). 

Common  law,  433(16). 

Compacts,   432(2). 

Confiscations,  437(46). 

Congress:  sessions,  438(66-68)  ;  election 
of  deputies,  438(69),  439(71)  ;  election 
of  senators,  438(70),  439(71)  ;  cau- 
cases,  439(72)  ;  sessions,  439(72-73)  ; 
quorum,  439(73)  ;  terms  of  members, 
439(74-75)  ;  eligibility  to  membership 
in,  439(76-78)  ;  prerogatives  and  obli- 
gations of  members,  439  (79) -440  (82)  ; 
rights  common  to  both  houses,  440 
(83)  ;  attributes  of  in  joint  sessions 
of  both  houses,  440(84)  ;  sessions,  440 
(84),  441(85)  ;  attributes  of  in  sepa- 
rate sessions,  441(85)-445(100) . 

Constituent  Assembly  of  Managua  of  10 
December  1893,  431. 

Constitution:  reform  of,  454(16)-455 
(164)  ;  effectiveness  and  validity,  455 
(165-172)  ;  Federal  State  of  8  April 
1826,  431  ;  of  1858,  431 ;  of  10  De- 
cember 1893,  431  ;  sixth,  of  30  March 
1905,  431  ;  present  Constitution,  431. 

Constituent   Assembly,   National,   455   nl. 

Constitutive  Laws  :  454(159)  ;  reform  of, 
454(160)-455(164). 

Consul?,  446(11). 

Contractors,  449(115). 

Contracts,  443(25),  447(24). 

Correspondence,  privacy  of,   436(41-42). 

Costa  Rica,  431(1). 

Court  clerks,  450(123). 

Court  of  Accounts,  452(138). 

Court  of  Appeal,  449(117). 

Custom-houses,  442(16). 

Death  penalty,  434(24),  448(39). 

Debt,  imprisonment  for,  437(47). 

Debtors,  449(115). 

Department  of  Charity  and  Public  In 
struction,  443(87). 

Department  of  the  Interior,  443(87). 

Department  of  Police,  443(87). 

Departments,  452(144). 

Designates,  445(106). 

Diplomatic  affairs,  433(15).  ' 

Diplomatic  ministers,  446(11). 

Domicile,  433(10),  436(38). 

Education,    432(6). 

Elections,    438(69). 

Entails,   437(49). 

Executive  power :  in  whom  vested,  445 
(101)  ;  president,  445(101)-448(113)  ; 
Vice-President,  445(101-106)  ;  desig- 
nates to  hold,  445(101-102,  107)  ;  du- 
ties and  attributions,  446  (109) -448 
(113)  ;  ministers  or  secretaries  of 
State,  446(110),  448(114)-449(116). 

Expenditures,  public,   442(10). 

Expulsion,  434(17). 

Extradition,  433(16). 


I 


I 


GG2 


INDEX. 


Nicaragua 


Nicariiiijrua — Continued. 

Fodoral  State  Constitution  of  8  April 
182G,  4;n. 

Finance,  451(132)-452(139). 

Flaj;,  443(27). 

Foreign  countries,  433(10). 

Foreign  relations,  446(11),  442(20). 

Foreigners,  432(3),  433 (.3,  4),  433(10), 
433(12)-434(17),  433(13-16)  ;  see 
also  Inhabitants  ;  Nicaraguans. 

Freedom  of  tliought,  436(43). 

(iracias  a  Dios,  Cape,  438(69). 

Granada.  449(117). 

Government,   431(1),   432(4). 

Habeas  corpus,  435(25). 

Honduras,  431(1). 

Honors,  441(85). 

Immigration,  433(12)-439(17). 

Imprisonment,  435(30). 

Indemnities  from  the  State,  433(14). 

Independence,  431,  432(2). 

Industries,  442(6). 

Inhabitants  :  rights  and  guarantees,  434 
(23)-438(64). 

Integrity  of  nation,  432(2). 

Inventors,  437(59),  441(85). 

Judiciary:  composition,  449(117)  ;  courts 
of  appeal,  449(117)  ;  magistrates  or 
judges.  449(117)  ;  supreme  court  of 
Justice,  449(117)  ;  magistrates  or 
judges,  449(119)  ;  administration  of 
justice,  433(15),  450(120)-451(129)  ; 
court  of  accounts,  450(123)  ;  supreme 
court  of  Justice,  4.50(123-124)  ;  mem- 
bers of  courts  of  justice,  451(127)  ; 
magistrates  or  judges,  451(130-131). 

Law  of  asylum,  454(159). 

Law  of  Guarantees,  455(165). 

Lawyers,   450(123). 

Legislative  power,  438(65)  ;  see  also  Con- 
gress ;  Senate  ;  Chamber  of  Deputies. 

Le6n,  449(117). 

Letters  of  marque,  447(15). 

Literary  degrees,  443(86). 

Loans,  437(55),  442(15),  447(24). 

Magistrates,  437(51),  449(117). 

Magistrates  of  courts  of  justice,  439(78). 

Managua,'  431. 

Maritime  prizes,  450(123). 

Martial  law,  454(159). 

Measures,  442(17). 

Military  affairs,  447(14),  447(26),  448 
(30-31),   452(140-143). 

Military    forces,    442(9). 

Military  grades,  442(22),  446(13). 

Mining  Code,  444(79). 

Ministers^  see  Secretaries  of  State. 

Ministers' of  the  Interior,  445    (107). 

Monopolies,   438(61). 

Montcplos,  443(26). 

Morals,  4.S2(5). 

Municipalities,  453(145-153). 

National  debt,  442(15). 

Nationality:  forfeiture  433(10). 

Nationals,  432(6)-433(ll). 


Nlca.ru8rua — Continued. 

Native  Nicaraguans,  432(7-8). 

Natives,  uncivilized,  448(38). 

Naturalization,  432(7,  9),  433(3-4),  447 
(16). 

Naval   forces,   442(19). 

Navigation,  447(24). 

Nicaraguans:  432(6)-433(ll)  ;  rights 
and  guarantees,  434 (23) -438 (64)  ;  see 
also  Citizens. 

Notaries.  450(123). 

OflSces  in  foreign  countries,  443(28). 

Pacific  Ocean,  431(1). 

Pardon  442(23),  446(111). 

Patents,  447(28). 

Peace,  442(18),  447(25). 

Penal  Code,  444(99). 

Pensions,    441(85). 

Personal  lil)erty,  434(24). 

Petition,  right  of,  437(50). 

Physicians,    450(123). 

Police,  see  Department  of  Police. 

Ports,   442(16),   448(34). 

Press  law,  454(159). 

Primary  education,  432(6). 

Prizes,   443(24).  / 

Professional  instruction,  432(6). 

Property,  437(57). 

Public  instruction,  447(18)  ;  see  also  De- 
partment of  Charity  and  Public  In- 
struction. 

Public  officials,  432(2),  453(154)-454 
(158). 

Public  order,  432(2). 

Refugees  from  abroad,  433(12). 

Registrars  of  property,  450(123). 

Rehabilitation,  448(32). 

Religion:  4.32(5);  Catholic,  432(5); 
freedom  of,  432(5). 

Reprisal,    447(15). 

Revenues,   446(12). 

Safety  and  defense,  441(95). 

San  Juan  del  Norte,  438(69). 

Secretaries  of  State:  446(111);  qualifl- 
catlons,  448(114)-449(115)  ;  preroga- 
tives and  obligations,  449(116). 

Senate,  438(65)  ;  see  also  Congress. 

Siege,  state  of,  438(62),  442(21),  447 
(16). 

Sovereignty  of  the  State,  431(1),  432(2). 

Spanish-Americans,  433(3). 

State:  form  of  government,  432(4)  ;  sov- 
ereignty, 431(1),  432(2)  ;  organic  com- 
position, 431(l)-432(3). 

Supreme  Court  of  Justice,  449(117). 

Taxes,  443(13),  437(55),  442(13). 

Torture,  435(35). 

Trade-marlc,  437(59). 

Treasurer  General,  451(137). 

Treaties.  432(2),  433(11,16),  442(7), 
446(10),  454(162). 

Tribunals,  450(122). 

Troops,   foreign,  442(20). 

Walker.  William.  431. 

War,  442(18),  447(25). 


CG3 


Nicaragua 


INDEX. 


Nicaragua— Continued. 

Weights,  442(17). 

Whipping,  435(35). 

Women,  432(9),  433(10). 
Nice,  345  nl.  ,,,     . 

Nicholas  I,  Petrovitch  Ni^gosch    (Montene- 
gro), 407(1),  409(18),  429(2). 
NiSvre,  Department  of  (France),  210(2). 
Nile,  186(41). 
Nish,  564(81). 
Nizam  (Turkey),  601(87). 
Nobility:    Austria,    14(2,3);    Belgium,    52 
(75)  ;   Bulgaria,   93(58)  ;   France,   191 

(7)  ;  Italy,  339(19),  342(34),  346(78- 
80)  ;  Japan,  353(15)  ;  Luxemburg,  396 
(40);  Montenegro,  408(9);  Portugal, 
500(3)  ;  Russia,  539(19)  ;   Serbia,  555 

(8)  ;  Turkey,  590(7)  ;  United  States, 
612(9). 

Non-Christians,  540  nl. 

Nord,  Department  of  (France),  210(2). 

North  Carolina  (U.  S.  A.),  608(2),  621  n2. 

North  Cliina,  105. 

North  Dakota  (U.  S.  A.),  621  n2. 

North  German  Confederation,  217,  231  nS, 

391 ;  see  also  German  Confederation. 
Norwegian  Lagthing,  538  nJ. 
Nouveau  Recueil,  by  Martens,  see  Martens. 

Oath,  official:  Belgium,  58(127)  ;  Bulgaria, 
100(131)  ;  Costa  Rica,  114(11)  ;  Cuba, 
163(67)  ;  Egypt,  177(3)  ;  Greece,  264 
(15),  267(43),  270(64)  ;  Haiti,  312 
(120)  ;  Liechtenstein,  390(124)  ;  Rou- 
mania,  534(125)  ;  Serbia,  561(60),  568 
(106)  ;  United  States,  609(3),  613(1), 
617(6). 

Obrenovitch,  dynasty  of  (Serbia),  561  nl. 

Occupation,  freedom  of:  Austria,  13(18); 
Cuba,  156(31)  ;  Nicaragua,  442(6)  ; 
Panama,  461(29),  478(3). 

(Ecumenical  Eastern  Orthodox  Church, 
see  Eastern  Orthodox  Church. 

Official  Almanac   (Turkey)    (cited),  590  n^. 

Official  Gazette  (Greece),  278(110). 

Official  Gazette  (Turkey)    (cited),  590  n2. 

Official  Journal  (Brazil)  (cited),  83  nl,  88 
nl. 

Official  Journal  (Egypt),  190(55). 

Official  Journal  (Serbia),  586(202). 

Officials,  public,  see  Public  officials  and  em- 
ployees. 

Ohio  (U.  S.  A.),  621  n2._ 

Oise,  Department  of  (France),  210(2). 

Oklahoma  (U.  S.  A.),  621  n2. 

Okrug>  (Serbia),  557(5). 

Oldenburg  (Germany),  219(1),  221(6),  224 
nlf. 

Opisso,  Antonio  M.  (translator),  111  n8, 
315  n5,  431  n6,  All  nl. 

Opshtina  (Serbia),  555(5). 

Orange-Nassau,   392   n^. 

Orange-Nassau,  House  of,  392  no. 

Order,  public,  see  Public  order  and  safety. 


Order  of  the  Torre  and  Espada  (Portugal), 

513(75). 
Orders,  see  Decorations. 
Ordu  mushiri   (Turkey),  598(62). 
Oregon  (U.  S.  A.),  621  n2. 
Orne,  Department  of   (France),  210(2). 
Orphans:    Serbia,    582(188);    Turkey,    603 

(111). 
Orthodox    Church,    see    Eastern    Orthodox 

Church. 
Osman,  House  of   (Turkey),  590(3). 
Otto   (Bavaria),  261. 
Ottoman  Empire,  87,  175. 
Ottomans,   591(8-9). 
Outer  Mongolia,  106(3),  107(18). 
Overt  act:  United  States,  616(3). 

Pacific  Ocean,  431(1). 
Padishah,  589. 
Palace  of  the  Luxemburg  (France),  209(2), 
Palais-Bourbon    (France),  209(1). 
Palatin,  office  of,  28  nS. 
Pan-American  Union  :  Bulletin  on  Cuba,  bj 
Gonzalo  de  Quesada  (cited),  155  nl. 

Panama:  113(5),  457-480. 

Amnesty,  465(17). 

Appropriations,  466(20),  480(13). 

Arms  and  ammunition,  475(127). 

Army,  465(11),  475(124). 

Arrests,  460(23). 

Arts,  465(13). 

Assembly,  National,  474  nl. 

Assembly,  right  of,  460(20). 

Attorney  General,  466(66),  468(17),  471 
(2). 

Authors,   462(40). 

Beneficial  enterprises,  465(15). 

Board  of  Health,  National,  468(16). 

Bocas  del  Toro,  458(4). 

Boundaries,  458(4),  466(24),  467(7). 

Budget,  468(8). 

Cabinet  Council,  see  Departments  o: 
State. 

Captains   of   vessels,    460(22). 

Censorship,   461(27). 

Census,  465(16). 

Charity,  461(34). 

Chiriqui,   458(4). 

Citizens:  duties,  459(8);  individua 
rights,  459(15)  ;  equal  before  law,  45J 
(16)  ;  suffrage,  463(49). 

Citizenship:    requirements,    458(1);    foP 
eigners,   458(3),   459(9)  ;   loss  of  citl 
zenship,    459(7)  ;    recovery   of   citizen 
ship,  459(7)  ;  naturalization,  459(10) 
suspension  of  citizenship,  459(14). 

Coat   of  arms,   465(65). 

Code,   458(4). 

Coinage,   466(23). 
Colombia,   457  n2. 
Colon,   458(4). 
Commerce,  460(22),  468(3). 
Confiscation,  462(44). 


664 


INDEX. 


Panama 


Panama — Continued. 

Constitution  :  amondments,  476(137)  ; 
Legislative  Act  of  14  March  1917 
amending  Constitution,  477-480. 

Contracts,  461(80),  465(65),  468(10). 

Corporations,   460(18). 

Correspondence,   461(28). 

Court   of   Accounts,   467(5). 

Credit,   465(18). 

Criminal  proceedings,  460(25),  471(95). 

Death  penalty,   477(1). 

Departments  of  State:  470(84-89); 
duties,  470(87)  ;  Cabinet  Council,  470 
(89). 

Deputies,  election,  480(15). 

Desifinados,  see  Designates. 

Designates:  466(67);  requirements,  470 
(80). 

Diplomatic  relations,  468(3). 

Domicile,  460(23). 

Donations,  461(34). 

Duties,  462(41). 

Education,  461(34),  465(13),  468(14), 
476(133). 

Electoral  districts,  465(9). 

Entailment,  462(39). 

Equality  before  law,  459(16). 

Executive  power,  vested  in  President, 
467(69). 

Expropriation,  461(33). 

Finance:  465(6),  466(19,21),  468(8-9), 
480(18)  ;   National  Treasury,  473-474. 

Flag,  465(65). 

Foreign  war  vessels,  467(11). 

Foreigners,  458(3),  459(9). 

Gaceta  Oflcial,  477(148). 

(iames  of  chance,  462(37). 

(.'overnors,  468(73),  475(128),  478(5). 

Granada  Constitution  of  1853,  458(3). 

(Jratuities,  467(1). 

(iuilds,  461(29). 

Health,  National  Board  of,  468(16). 

Imports,   466(2). 

Indemnities,  467(1). 

Interoceanic  Canal,  476(138). 

Industries,  461(29). 

Inventions,  468(11). 

Inventors,  462(40). 

Judiciary:  courts,  460(22),  478(8);  At- 
torney General.  466(66),  468(17),  477 
(2)  :  magistrates,  468(17),  471(92), 
478(6,8);  Supreme  Court.  471(90), 
478(8)  ;  criminal  cases,  460(25),  471 
(95)  ;  salaries,  471(97)  ;  laws,  471 
(98)  ;  public  prosecution,  473(110- 
114). 

Laws :  471-473 ;  originate  In  National 
Assembly,  471(98)  ;  formulation  of, 
472(99-100)  ;  promulgation,  473(107- 
109). 

Legis'ative  .Vet  of  14  March  1917,  477- 
480. 

liCgislative  power,  see  National  Assembly. 

I^ans,  465(6). 

Los  Santos,  458(4). 


Panama — Continued. 

Magistrates,  468(17),  471(92),  478(6,8)  ? 
see  also  Judiciary. 

Mayors,  475(132),  478(5). 

Medical  profession,  461(29). 

Migration,  460(21). 

Military  affairs,  460(22),  465(11),  468 
(19)-469(20),  475(122-127),  480(14). 

Monopolies,  462(38),  477(146). 

Municipal  deputies,  479(12). 

Municipalities,  458(4),  466(24),  475 
(131-132),  478(5),  479(12). 

Nation,  457(1)  ;  sovereignty  resides  in, 
458(2). 

National  Assembly  :  458,  463,  477,  478 ; 
composition,  463(53)  ;  sessions,  463 
(54)  ;  duration  of  session,  463(55)  ; 
deputies,  464(56)  ;  salaries,  464(61)  ; 
legislative  functions,  465(65)  ;  judi- 
cial functions,  466(66)  ;  executive 
functions,  466(67)  ;  first  meeting,  477 
(144). 

National  Board  of  Health,  468(16). 

National  debt,  466(19). 

National  Treasury,  473-474. 

Nationality,  see  Citizenship. 

Naturalization,  see  Citizens  and  citizen- 
ship. 

Occupations,   478(3). 

Panama    (province),  458(4). 

Panama  Canal,  457. 

Pardon,    468(18). 

Patents,   468(11). 

Peace,   465(7). 

Pensions,   467(1). 

Person,  protection  of,  459(15). 

Petition,  right  of,  460(17). 

Police,  465(12). 

President :  charges  against,  466(25)  ; 
impeachment,  466(66)  ;  resignation, 
466(67)  ;  eligibility,  467(70)  ;  oath, 
467(71)  ;  attributions,  468(73)  ;  mes- 
sage, 468(5)  ;  leave  of  absence,  467 
(10),  469(75)  ;  salary,  469(77)  ;  re- 
moval from  office,  469(78)  ;  re-elec- 
tion, 470(82).  479(9);  term,  478(7); 
vacancies,  479(9)  ;  election,  463(49), 
476(140),  478(4)  ;  elects  municipal 
deputies,  479(12). 

Press,   461(27). 

Prisons,   462(45). 

Professions.  461(29). 

Property,    462(42),    465(6),    466(22). 

Prosecution,  public,  see  Judiciary. 

Provinces:  458(4),  466(24);  475(128- 
132)  ;  governors,  475(128)  ;  municipal 
councils,  475(131)  ;  mayors,  475(132). 

Public  buildings,   465(14). 

Public  credit,  465(18). 

Public  forces,   469(20),  475(122-127). 

Public  lands,  465(10). 

Public  offices,   465(65). 

Public  order,  461(26),  468(2). 

Public  power.  463(51). 

Public  prosecution,  see  Judiciary. 


88381—19- 


48 


665 


Panama 


INDEX. 


Pnnnma — Continued. 

Religion:    460(26);    buildings    for    wor- 
ship   tax-free,    462(43)  ;    ministers   of, 
476(135). 
Revenues,  466(21),  468(9). 
Sanitary  regulations,  468(16). 
Sciences,  465(13). 
Secretaries  of  State,  468(73). 
Secretary  of  State,  466(25). 
Slavery,   460(19). 
Sovereignty,   458(2). 
Speech,  freedom  of,  461(27). 
Suffrage,   463(49). 
Taxes,  462(41-43),  466(21). 
Territory:    457(1),    458(3);    boundaries, 
458(4)  ;  provinces,  458(4)  ;  belongs  to 
nation,  458(5). 
Trade,  freedom  of,  461(29). 
•Treason,  469(78). 
Treasury,  see  National  Treasury. 
-Treaties,  465(6). 

United  States  of  America,  476(136). 
Veraguas,  458(4). 
Vice-President,  see  President. 
War,  465(7). 
Weights,  466(23). 
"Panama   (province),  458(4), 
Panama  Canal,  457. 
Pannonhalma    (Hungary),    39(4). 
Papal  decrees,  ecclesiastical  ordinances  and 

orders,  339  n2. 
Papal  States,  337. 

Papers  Relating  to  the  Foreign  Relations  of 
the    United   States,   18%    (Washington, 
1897)    (cited),  587  nl. 
Para   (Brazil),  66  nS. 
Parahyba   (Brazil),  66  nS. 
Parana    (Brazil),  66  nS. 
Para tj in   (589-605),  564(81). 
'Pardon,  see  Amnesty. 
Paris,  Treaty  of,  10  Dec.  1898  (Cuba),  151, 

152(2),  173(3). 
Paris,  Treaty  of,  517. 
Pas-de-Calais,     Department     of     (France), 

210(2). 
Passports:    Austria,     17(11);     Cuba,     155 
(29)  ;    Germany,    220(4)  ;    Guatemala, 
290(16). 
Patents:   Austria,   17(11);   Brazil,  80(25), 
nlj  Germany,  220(4)  ;   Nicaragua,  447 
(28)  ;      Panama,      468(11)  ;       United 
States,    611(8)  ;    see    also    Inventions 
and  inventors. 
Paupers:  Germany,  219(3). 
Pagans,  540  nl. 

Peace:  Costa  Rica,  128(76),  137(99); 
Cuba,  155 (-25)  ;  Germany,  223(8)  ; 
Guatemala,  286(14)  ;  Honduras,  325 
(32),  328(12) ;  Japan,  352(13) ; 
Nicaragua,  442(18),  447(25)  ;  Panama, 
465(7)  ;  Russia,  539(13)  ;  Serbia,  560 
(52)  ;  United  States,  610(6),  613(10), 
618(3). 
Pedro,  Dom  (Brazil),  85(7). 
Peking  Daily  News  (cited),  106  nl. 


Pena  major    (Portugal),  504  nl,  n2. 
Pennsylvania    (U.   S.    A.),   607  nl,   608(2), 

621  n2. 
Pensions:    Brazil,    81(75);    Bulgaria,    104 
(166)  ;    Greece,    270(61)  ;    Haiti,    310 
(112)  ;    Honduras,   324(6)  ;    Italy,   346 
(88)  ;  Liechtenstein,  381(48)  ;  Luxem- 
burg,  403(103)  ;   Nicaragua,   441(85)  ; 
Panama,    467(1)  ;    Portugal,    513(75), 
514(78)  ;      Roumania,      527(67),      533 
(112)  ;      Serbia,      579(172)  ;      United 
States,   622(4). 
Pernambuco    (Brazil),  66  nS. 
Persia:    481-498. 

Abdul  Hamid  II,  481. 

Ahmed  Mirza,  482. 

Ain-ed-Douleh,  481. 

Army,  see  Military  affairs. 

Arts  and  sciences,  491(18). 

Associations,  492(21). 

Boundaries,  485(22),  490(3). 

Budget,  484(18),  485(20). 

Capital  of  Persia,  490(4). 

Censorship,  491(20). 

Citizens :  equal  rights  before  civil  law, 
490(8)  ;  domicile,  491(13)  ;  foreigners, 
492(24). 

Coinage,  495(55). 

Concessions,    485(24). 

Constitution  of  30  Dec.  1906,  482-489 

Conventions,   485(24). 

Coup  d'etat  of  23  June  1908,  481. 

Court  of  Appeal,  496(75). 

Decorations,  494(47). 

Departmental   assemblies,   see   Provincl 
assemblies. 

Education,  491(19). 

Electoral  law  of  9  Sept.  1906,  481. 

Equality  before  law,  490(8). 

Executive  power,  492(27). 

Exile,   491(14). 

Firman,  Shah's,  481  nl. 

tion,  497(94-95)  ;  salaries,  498(100 
State  Accounts  Department,  498(10 
103)  ;  see  also  Budget. 

Firman,  Shaw's,  481  nl. 

Flag,   490(5). 

Foreigners,  490(6),  492(24).' 

Governors,  484(19). 

Judiciary:    492(27),    496-497;    Supre 
Court   of   Justice,    496(71)  ;    Court 
Appeal,   496(75)  ;    sittings   are   publ 
496(75)  ;  judges  may  be  suspended,  49 
(81)  ;  public  prosecutor,  496(83)  ;  sal- 
aries, 497(84)  ;   military  tribunal,   497 
(87). 

Kajars,  481. 

King:  oath,  493(39)  ;  death  of,  494(41)  ; 
rights,  494(48);  powers  of,  495(57); 
can  not  interfere  in  jiffairs  of  another 
country,  494(43)  ;  appoints  and  dis 
misses  ministers,  494(46). 

Legislative  power:  492(27);  see  also 
National  Assembly  ;  Senate  ;  Provincial 
assemblies. 


INDEX. 


Portugal 


Persia — Continued. 

Letters,  secrecy  of,  492(22), 

Liakhofif,  481. 

Loans,   485(25). 

Mejlis  (National  Council),  481. 

Military  affairs,  494(47-50),  497(87), 
498(104-107). 

Ministers,  484-486,  494(46),  495-496; 
eligibility,  495(58)  ;  responsibility,  495 
(60)  ;  number  of,  495(62)  ;  prosecution 
of,  495(69). 

Mohammed  All  ,  Crown  Prince  or  Valiahd, 
489   nl. 

^lohammed  Ali  Shah  Kajar,  481,  493(36). 

Monopolies,  485(24). 

Mozaffer-ed-Din,  481,  489  nl. 

MujtahUIs,  490(2). 

Mushir-ed-Dowleh,  Grand  Vizier,  489  nl. 

National  Assembly  :  482-490  ;  institution 
of,  482(1)  ;  composition,  482(2)  ;  elec- 
tion of  deputies,  482(5)  ;  oath  of  mem- 
bers, 483(11)  ;  proceedings  are  public, 
483(13)  ;  duties,  rights,  and  limita- 
tions, 484-486  ;  secret  committee,  486 
(34)  ;  petition,  right  of,  486(32)  ; 
function,  487-488  ;  Senate,  48S-489  ; 
rights  of   members,   493    (30-34)  ;   see 

also  Senate  ;  Provincial  assemblies. 

National  Council,  481. 

Nawrfiz,  Persian  New  Year's  Day,  485  nl. 

Petition,  right  of,  486(32). 

Property,  490(6),  491(16). 

Provincial  assemblies,  497(90-93)  ;  see 
also  National  Assembly  ;   Senate. 

Public  prosecutor,  496(83). 

Publications,  491(20). 

Railways,  485(26). 

Regent,  493(38). 

Religion,  490(1). 

Roads,    485(26). 

Schools,    491(19). 

Senate:  488-489;  regulations,  488(44); 
members,  488(45)  ;  elections,  489(49)  ; 
see  also  National  Assembly  ;  Provincial 

assemblies. 

Shah,  481 ;  see  also  King. 

8hc7H,   491(15). 

Societies,  492(21). 

State  Accounts  Department:  498(101); 
function,  498(102-103). 

State  affairs,  484(16). 

Supplementary  Constitutional  Law  of  7 
Oct.   1907,  481,  489-498. 

Supreme  Court  of  Justice,  496(71). 

Taxation,  497(94-95). 

Teheran,  481,  483(6). 

Territory,  alienation  of,  485(22). 

Treaties,  485(24),  494(52). 

Ulema,  490(2). 

Valiahd,  493(37). 
Persian      Constitutional      Movement,      The 

(cited),  482  n2. 
Persian    Revolution    of    1905-1909,    The,    by 
E.  G.  Browne   (cited),  481  nl,  n2,  482 
•n2.  489  ?i2. 


Personal  liberty,  see  Citizens  and  citizen- 
ship. 

Peter  Karageorgevitch  (Serbia),  .^54(6). 

Peter  I,  King  of  Serbia,  585(201). 

Petition,  right  of:  Austria,  13(11);  Bel- 
gium, 46(21)  ;  Brazil,  79(9)  ;  Bul- 
garia, 98(106)  ;  China,  107(19)  ;  Costa 
Rica,  117(37)  ;  Cuba,  155(27)  ;  Egypt, 
181(25);  Haiti,  298(22);  Liechten- 
stein, 377(19)  ;  Nicaragua,  437(50)  ; 
Panama,  460(17)  ;  Persia,  486(32)  ; 
Portugal,  502(30)  ;  Roumania,  522 
(28)  ;  Serbia,  558(26)  ;  Turkey,  592 
(14)  ;  United  States,  618(1). 

Petrovitch,  W.  A.,  Albania,  in  The  Encyclo- 
pedia Americana  (cited),  1  nS. 

Philippines   (U.   S.  A.),  151,  621  n2. 

Physicians:  Nicai'agua,  450(123)  ;  Panama, 
461(29)  ;  Serbia,  567(98). 

Piauhy   (Brazil),  66  n3. 

Piedmont  (Italy),  342  nl. 

Pirates:  Costa  Rica,  120(42);  United 
States,  611(8). 

Pirot  (Turkey),  564(81). 

Pitesci  (Roumania),  525(62). 

Placet  (Italy),  350(16),  nl. 

Plagiarists:  Costa  Rica,  120(42). 

Ploesci  (Roumania),  525(62). 

Polders   (Belgium),  57(113). 

Police:  Brazil,  65(18),  69(30);  Bulgaria, 
93(62)  ;  Guatemala,  281(15)  ;  Hon- 
duras, 320(51),  329(30)  ;  Nicaragua, 
443(87),   449(17)  ;    Panama,    465(12). 

Political  crimes:  Cuba,  154(14);  Haiti, 
297(19)  ;  Honduras,  317(16). 

Political  rights,  see  Citizens  and  citizenship. 

Pondichery   (Prance),  211(6). 

Pope,  347-349. 

Porras  (Anderson-Porras  Treaty  of  17 
March  1910),  113(5). 

Port  au-Prince  (Haiti),  299(32). 

Port-de-Paix  (Haiti),  299(32). 

Port  Said   (Egypt),  177(3). 

Porto  Rico   (U.  S.  A.),  151,  621  n2 

I'orts  and  harbors:  Cuba,  161(59);  Hon- 
duras, 325(30)  ;  Nicaragua,  442(16), 
448(34)  ;  United   States,  612(9). 

Portugal:    499-515. 
Amnesty,   507(18). 
Arrest,  501(16). 
Assembly,  right  of,  501(14). 
Association,  501(14). 
Banks  of  issue,  506(11). 
Boundaries,  506(12). 
Budget,  511(54). 
Cemeteries,  500(9). 
Certificates,  513(76),  514(79). 
Chamber  of  Deputies:  election,  505(22)  ; 

duties,  505(23)  ;  vacancies,  515(86). 
Citizens:   rights  and   duties,   500(3)-503 
(4)  ;    property   rights,    501(26)  ;    mill- 
tary  service,  513(68)  ;  political  rights, 
513(74). 
Coins  and  coinage,  506(9). 
Colonial   administration,  513(67) 


667 


Portugal 


INDEX. 


Portusnl — Continued. 

Congress:  composition,  503(7-9);  elec- 
tion, 503(10)  ;  meeting,  503(11)  ;  joint 
session,  504(14)  ;  salaries,  504(19)  ; 
restrictions,  504(20)-505(21)  ;  attri- 
butions, 506-507 ;  First  Congress  of 
Republic,  515(85)  ;  see  also  Chamber 
of  Deputies  ;  Senate. 

Conscience,  liberty  of,  500(4). 

Constitution,  revision  of,  514(82). 

Correspondence,  secrecy  of,  502(28). 

Constituent  Assembly,   National,   515  nl. 

Creed,  liberty  of,  500(4). 

Custom-houses,  506(8). 

Death  penalty,  501(22). 

Debt,  national,  506(5). 

Decoration,    foreign,    500(3). 

Domicile,    501(15). 

Education,   500(10). 

Executive  power,  vested  in  President, 
508(36-37)  ;  see  also  President. 

Expenditures,   506(3). 

Finance,  506(3-5),  511   (54). 

Foreigners,   500(3). 

Forgery,   501(16). 

Government,  form  of,  499(1). 

Habeas  corpus,  502(31). 

Imprisonment,    501(17). 

Jesuits,  see  Society  of  Jesus. 

Judges,    511(57). 

.Judiciary,  511  (56)-512(64). 

Laws,  formation  and  promulgation  of, 
507(27)-508(35). 

Legislative  power,  see  Congress. 

Letters,  secrecy  of,  502(28). 

Loans,  506(4). 

Local  administrative  institutions,  512 
(66). 

Lunacy,  502(36). 

Medals,  513(76)  ;  see  also  Certificates. 

Military  affairs:  service,  513(68)  ;  med- 
als,   513(75). 

Ministers,  510(49)-511(55). 

National  property,  507(22). 

Nobility,  500(3). 

Order  of  the  Torre  and  Espada,  513(75). 

Pardon,  513(71). 

Fena  major,  504  nl,  n2. 

Pensions,    513(75),    514(78). 

Petition,  right  of,  502(30). 

President:  election,  507(19),  508(38- 
39)  ;  oath,  509(43)  ;  salary,  509(45)  ; 
attributions,  509(47)-510(48)  ;  pro- 
ceedings against,  512(64)  ;  first  elec- 
tion, 514(83). 

Property  right,   501(25). 

Public  assistance,  502(29), 

Public  employment,   506(7). 

Punishment,  510(8). 

Religion,   500(4-8). 

Senate:  election,  505(24);  rights  and 
duties,  505(25)  ;  first  election,  513 
(84). 

Siege,  state  of,  502(31),  506(16),  510(6). 


Portugal — Continued. 

Society  of  Jesus,   500(12). 
Sovereignty  of  State,  503(5-6). 
Supreme  Court  of  Justice,  511(56). 
Taxes,  502(27). 
Territory,   499(2),   506(12). 
Thought,  freedom   of,   500(13). 
Torre  and  Espada,  Order  of  the,  513  ( 
Treaties,  506(15),  510(7),  513(73). 
Weights  and  measures,  506(10). 

Posener,  Paul,  Die  Staatsverfassungen  des 
Erdballs,  iii  ;  (cited),  4  nl,  n2,  11  n2, 
44  nl,  61  n3,  88  n3.  111  no,  151  n4,  193 
nl,  218  n6,  240  nl,  261  n6,  337  n3,  351 
n2,  375  n2,  n^,  392  nl,  407  nS,  499  nl, 
517  n2,  537  ni,  540  nl,  587  n2,  590  nZ. 

Posharevatz    (Serbia),  564(81). 

Possessions,  see  Colonies. 

Post  and  telegraph:  Austria,  17(11)  ;  Bra- 
zil, 63(71),  68(15);  Costa  Rica,  117 
(34)  ;  Germany,  220(10),  224(3),  230- 
231;  Italy  (in  Vatican),  349(12). 

Post  offices:  United  States,  611(8). 

Pozsony,  Count  of,  39(4). 

Praemunire  (Great  Britain),  254(11). 

Pragmatic  Sanction  of  19  April  1713  (Aus- 
tria-Hungary), 3,  25, 

Prague,  Peace  of,  217. 

Prahova   (Roumania),  525(62). 

President:  Brazil,  67(28),  70(41),  71(41), 
72(48),  74(53),  83(1);  China,  105; 
Costa  Rica,  122(55),  134(89),  136 
(93),  137(97),  138(100),  139(102); 
Cuba,  157(42),  163(65-68),  165(20, 
71)  ;  Egypt,  176(2)  ;  France,  193(2), 
193-194,  196(97)  ;  Guatemala,  288- 
290;  Haiti,  301(42),  305-306,  308 
(100),  313;  Honduras,  324(9),  325 
(93),  326(101)  ;  Liberia,  366(1),  368 
(7),  369(8-9),  370(4-5)  ;  Nicaragua, 
445-448;  Panama,  466-470,  476(140), 
478(4,  7),  479(9,  12)  ;  Portugal,  507 
(19),  508(38-39),  509(43,  45),  509 
(47)-510(48),  512(64),  514(83). 

Press:  Austria,  13(12),  17(11);  Belgium, 
45(18)  ;  Costa  Rica,  117(34)  ;  Ger- 
many, 221(16)  ;  Greece,  264(14),  275 
(95)  ;  Guatemala,  282(26)  ;  Haiti,  297 
(16,  19)  ;  Honduras,  320(56),  335 
(162)  ;  Hungary,  33(1)  ;  Italy,  340-341 
(28)  ;  Liberia,  362(15)  ;  Montenegro, 
427(210)  ;  Nicaragua,  454(159)  ;  Pan- 
ama, 461(27)  ;  Roumania,  521(24)  ; 
Serbia,  557(22)  ;  Turkey,  592(12)  ; 
United  States,  618(1). 

Pressburg  (Hungary),  39(4). 

Prizes:  United  States,  611(8). 

Primogeniture:  Bulgaria,  90(24);  Greece, 
267(45)  ;   Japan,   352  nl. 

Prince  (ruler)  :  Liechtenstein,  375(2),  378- 
379. 

Prince  Hospodar   (Montenegro),  408-411, 

Prisons:  Panama,  462(45). 

Private  property,  see  Property  rights. 


I 


668 


I 


INDEX. 


Renss 


Professions:  Brazil,  63(9),  65(35).  80(24)  ; 
Costa     Rica,     113<9),     115(16)  ;     Ger- 
many,    220(4)  ;     Nicaragua,     432(6)  ; 
Panama,  461(29). 
Prokuplje  (Serbia),  564(81). 

Property.  State:  Egypt,  183  (37);  Monte- 
negro, 423-424;  Portugal,  507(22); 
United   States,   617(3). 

Property  rights:  Austria,  12(5);  Belgium, 
45(11)  ;  Brazil,  63(9),  76(60).  80 
(17)  ;  Bulgaria,  93(63),  94(67)  ; 
China,  106(6)  ;  Costa  Rica,  114(15)  ; 
Cuba,  156(.32),  171(114)  ;  Greece,  265 
(17);  Guatemala,  281(16,  21),  282 
(28)  ;  Haiti,  297(14)  ;  Honduras,  318 
(26).  321(61)  :  Italy.  341(29)  ;  Japan, 
353(27);  Liberia,  360(1),  362(13), 
373(10)  ;  Luxemburg.  393(16-17)  ; 
Montenegro,  426(205-206)  ;  Nica- 
ragua, 437(57),  450(123)  ;  Panama, 
462(42),  465(6),  466(22)  ;  Portugal, 
501(25)  ;  Roumania,  520(19)  ;  Russia, 
541(35)  ;  Serbia,  556(16)  ;  Turkey, 
589,  592(21)  ;   United   States,   618(5). 

Prosecution,  see  Arrest  and  prosecution. 

Protestant  Church  :  Belgium,  57  n4 ;  Great 
Britain,   257. 

Provincial  government :  Cuba,  168-170 ; 
Egypt.  175,  176,  182-189;  Italy,  346 
(74);  Panama,  458(4),  466(24).  475 
(128-132)  ;  Turkey,  603(108)-604 
(112). 

Prussia,  3,  219(1),  nl,  221(6),  n1,  224  n^. 

Public  trial:  United  States,  619(6). 

Public  debt,  see  Finance. 

Public  documents:   Germany,   221    (11). 

Public  domains:  Austria,  16(11);  Brazil, 
77(64)  ;  Panama,  465(10)  ;  Serbia, 
570(170)-580(178). 

Public  health,  see  Health,  public. 

Public  officials  and  employees  :  Belgium,  46 
24);  Brazil,  81(73),  82(82);  Costa 
Rica,  113(6)  ;  Cuba,  164(10)  ;  Egypt, 
180(20),  183(37)  ;  Germany,  219(3)  ; 
Greece,  266(34),  274(88)  ;  Haiti, 
305(75)  ;  Honduras.  334-335;  Liberia, 
363(19),  368 (5-6).  370(2,  7,  8)  ;  Liech- 
tenstein. 390(124)  ;  Luxemburg.  395 
(35),  404(110)  ;  Montenegro,  425- 
426;  Nicaragua,  432(2),  453(154)- 
454(158)  ;  Panama,  465(65)  ;  Portu- 
gal, 506(7)  ;  Russia.  547(78-82)  ; 
Serbia.  581-582;  Turkey,  592(19), 
595(39-41). 

Public  order  and  safety  :  Bulgaria,  93(62)  ; 
China,  107(15)  ;  Costa  Rica,  114(15)  ; 
Cuba,  157(41)  ;  165(17)  ;  Egypt,  183 
(36)  ;  Greece,  263(10)  ;  Nicaragua, 
432(2),  441(95)  ;  Panama,  461(26), 
468(2). 

Public  utilities:  Bulgaria,  104(161);  Hon- 
duras, 321(67),  324(18). 

Publications:  Brazil,  79(12)  ;  Bulgaria,  95 
(79)  ;  Japan.  353(29)  ;  Persia,  491 
(20)  ;  Serbia,  557(22). 


Puntarenas   (Costa  Rica),  143(116). 
Putna  (Roumania),  525(62). 
Puy-de-DOme,  Department  of  (FYance),  210 

(2). 
Pyr^n^s-OrJentales,  Department  of,  210(2). 

Queen  Mother  (Italy),  339(14). 
Quesada,  (ionzalo  de.  Cuba   (Pan-American 
Union  Bulletin)    (cited),  155  nl. 

Race:  Austria,  14(19);  China,  106(5); 
Cuba,  153(6)  ;  United  States.  622(15). 

Railways:  Austria,  17(11);  Austria-Hun- 
gary, 4(2),  10(3)  ;  Bulgaria.  104 
(161)  ;  Costa  Rica,  112(3)  ;  Cuba,  161 
(59);  Egypt,  179(18),  183(37);  Ger- 
many, 220(8),  228-229;  Persia,  485 
(26). 

Real  estate:  Brazil.  63(9);  Germany,  219 
(3)  ;  Haiti,  296(5)  ;  Liberia,  373(12, 
14). 

Rebellion:  Cuba,  165(17);  Honduras.  328 
(17);    United   States,   611(8),   621(3). 

Recent  Events  in  Persia,  A  Brief  Xarrative 
of   (cited),  481  nl,  482  n2,  489  n£. 

Refugees  from  abroad  (Nicaragua),  433 
(12). 

Riglements  des  Assemblies  Ugislatives,  Les, 
by  F.  Moreau  et  J.  Delpech,  see 
Moreau,  F.,  et  J.  Delpech. 

Rehabilitation  :  Japan,  353(16)  ;  Nicaragua, 
448(32). 

Reichsgericht  (Austria),  20(1). 

Reiohsgesetzhlatt   (cited).  12(8.9),  219(2). 

Reichsrat  (Austrian)  :  5(3,  6,  7),  n2,  6(9, 
10.  11,  12),  7(20,  21,  22,  23,  24,  25), 
8(26,  30),  9(35),  19  n2 ;  see  also  Aus- 
tria-Hungary :  Legislative  body ;  Aus- 
tria :  Reichsrat. 

Religion:  Austria,  13(14-15),  14(4);  Bel- 
gium. 45(14),  45(16).  57(117);  Bra- 
zil, 64(11),  79(3);  Bulgaria,  91-92; 
China,  106(5)  ;  Costa  Rica,  113(8)  ; 
Cuba,  155(26);  Egypt,  177(3); 
France,  203  nl,  205  nS,  207  nl ;  Great 
Britain,  259(3)  ;  Greece,  262(1-2)  ; 
Guatemala,  282(24).  284(50)  ;  Haiti, 
297(17);  Honduras,  320-321;  Hun- 
gary, 29(14).  34(2);  Italy,  349-350; 
Japan,  353(28)  ;  Liberia.  360(3)  ; 
Liechtenstein,  376(18),  381(51)  ;  Lux- 
emburg, 394(19),  403(106);  Montene- 
gro, 411(40),  420-421;  Nicaragua,  432 
(5)  ;  Panama,  460(26),  462(43),  476 
(135);  Persia.  490(1);  Portugal.  500 
(4-8)  ;  Roumania.  520(21)  ;  Russia, 
540  nl;  S^-rbia,  582(189-191)  ;  Turkey, 
580(9)  ;  United  States.  617(6),  618(1). 

Reprisals:  Nicaragua,  447(15);  United 
States.  611(8).  613(10). 

Republic  of  Central  America,  315(1). 

Residence,  see  Domicile. 

Reunion    (France),  210(2). 

Reuss,  elder  line  (Germany),  219(1),  221 
(6),   224    Mi. 


669 


Beuss 


INDEX. 


Rcuss,    younger    line    (Germany),    219(1), 

221(6),   224   ni. 
Revenues,   see  Finance. 

Revolution  of  25  Aug.  1830  (Belgium),  43. 
Rhode  Island  (U.  S.  A.),  608(2),  621  n2. 
Rhfine,  Department  of  (France),  210(6). 
Rietberg  (Liechtenstein),  375. 
Rights,  civil,  see  Civil  rights. 
Rights,   political,   see   Citizens  and   citizen- 
ship. 
Rio  de  Janeiro,  66  nS. 
Rio  Grande  do  Norte   (Brazil),  66  n3. 
Rio  Grande  do  Sul   (Brazil),  66  nS. 
Roads:  Cuba,  161(59)  ;  Germany,  220(4)  •, 
Persia,  485(26)  ;  United  States,  611(8). 
Rodriguez,    J.    I.,    American    Constitutions, 
iii;   (cited),  61  nS,  111  no,  151  n3,  nit, 
n6,  279  nS,  295  n2,  nS,  315  nS,  431  n't, 
457  nl 
Roman   Catholic  Church  :   Belgium,   57  n^  ; 
Costa    Rica,    113(8)  ;    Great    Britain, 
259    M;    Italy,    338(1);    Montenegro, 
421(129)  ;  Nicaragua,  432(5). 
Roman  Provinces,  337  nl. 
Roman   (Roumania),  525(62). 
Rome,   337. 
Roumania:    517-536. 

Accounts,  High  Court  of,  533  n2. 
Architects,  527(69). 
Armed  forces,  see  Military  alTairs. 
Assembly,  right  of,  521(26). 
Associations,  522(27). 
Authors,  521(24). 
^Bacau,   525(62). 
Berlad,  525(62). 
Bishops,  520(21),  528(76). 
Botoshani,  525(62). 
Boundaries,  518(2). 
Bralla,  525(62). 
Bucharest,  534(124),  525(62). 
Budget,  533(113). 
Buzeu,    525(62). 
Caution  money,  521(24). 
Gens,  526(63). 
Craiova,   525(62). 
Censorship,  521(24). 

Chamber   of  Deputies :  composition,    524 
(57-58)  ;  elegibility,  525(59)-526(65)  ; 
see  also  Houses,  legislative  ;  Senate. 
Charles    (of    Hohenzollern-Sigmaringen), 

517,   528(82). 
Church,   520(21). 

Citizens:   rights  of,   518(5-7);   naturali- 
zation,   518(7)  ;    political    rights,    519 
(9)  ;  equal  before  law,  519(10)  ;  titles, 
519(12)  ;    domiciles,    519(15)  ;    service 
in    foreign    State,    522(30)  ;    military 
duty,  534(118). 
Claca^i,  535(133). 
Colonization,  518(3). 
Colors,  534(123). 

Communal  institutions,  532(106-107). 
Conscience,  liberty  of.  520(21). 
Constitution  :  can  not  be  suspended,  534 

(127)  ;  revision  of,  534(128). 
Council  of  State,  535(130). 


Roninania — Continued. 

Court  of  Accounts,  533(116). 
Court  of  Cassation,   532  nS,  535(130). 
Crimean  War,  517. 
Danube,  principalities  of,  517. 
Death  penalty,  520(18). 
Declaration  of  the  Foxir  Points,  517. 
District   and   communal  institutions,   532 
(106-107). 

Districts,  518(4). 

Dolj,    525(62). 

Eastern  Orthodox  Religion,  520(21; 

Education,  521(23),  525(61). 

Engineers,   527(69). 

Executive  power,  523(35). 

Extradition,  522(30). 

Finance,  533(108-117). 

Focshani,   525(62). 

Foreign  troops,  534(122). 

Galatz,  525(62). 

Giurgiu,   525(62). 

Gratuity,  533(112). 

Houses,    legislative:    members,    523(38); 

meetings,  523(39)  ;  functions,  524(46- 

56)  ;    see   also    Chamber    of   Deputies ; 

Senate. 
Hushi,   525(62). 
Ilfov,   525(62). 
Impost,  533(108). 
Insuratsi,  535(133). 
Jassy,    525(62). 
Jews,  518  n2. 
Journalists,  521(24). 
Judiciary,     523(36),    532(104-105) 

also  Court  of  Cassation. 
King:   528(82)-531(96),   succession,   52j 

(83)  ;    vacancy    of    throne,    529(84)^ 

death  of,   529(85)  ;  oath,  529(87)  ;  r« 

gency,  529(88)  ;  prerogatives,  530(93)- 

531(96)  ;  civil  list,  531(94). 
Legislative  power,  522(32). 
Letters,  privacy  of,  521(25). 
Lithographers,  521(24). 
Mehedintsi,  525(62). 
Metropolitans,  520(21),  528(26). 
Military   affairs:    534(118-122);   grades,' 

530(93)  ;  justice,  535(131). 
Ministers:    eligibility,    531(97-100);   im, 

peachment,  531(101)-532(103). 

Moldavia,  517. 
National   Guard,   534(121). 
Oaths,    534(125). 

.GEcumenical  Eastern  Church,  520(21). 
Orthodox  Roumanian  Church,  520(21). 
Pension,  533(112)  ;  pensioners,  527(67)] 
Petition,  right  of,  522(28). 
Pharmacists,   527(67). 
Pitesci,   525(62). 
Ploesci,  525(62). 
Prahova,   525(62). 
Press,  521(24). 
Priests,  520(21). 
Primary  schools,  521(23). 
Printers,  521(24). 


ft7ft 


INDEX. 


Hnssiit. 


Ronniania — Continued. 

Professors,  527(67). 

Property  rights,  520(19). 

Publishers,    521(24). 

Putna,   525(62). 

Regency,  529(98). 

Religion,   520(21). 

Roman,   525(62). 

Schoolmasters,  525(61). 

Senate:  composition,  526(67)-527(73)  ; 
eligibility,  527  (74) -528  (81)  ;  see  cUso 
Chamber  of  Deputies ;  Houses,  legis- 
lative. 

Speech,  liberty  of,  521(24). 

State,  power  of,  emanates  from  nation, 
522(31). 

Suciava,  525(62). 

Teleorman,  525(62). 

Territory,    517(1)-518(4). 

Treaty  of  Paris,  517. 

Turco-Russian  War,  517. 

Turnu-Magurele,  525(62). 

Turnu-Severin,  525(62). 

Tutova,   525(62). 

University  of  Bucharest,  527(73). 

University  of  Jassy,  527(73). 

Veterinarians,   527(67). 

Wallachia,   517. 

Writers,  521(24). 
Rowe,   L.    S.,   and   S,   M.   Lindsay,   Supple- 
ment to   the  Annals  of  the  Americcm 
Academy   of  Political   and   Social   Sci- 
ences, November,  1894   (cited),  337  nS. 
Royal    Academy    of    Sciences    (Italy),    342 

(18). 
Rumelia,  Eastern,  87. 
RusNiat    537-547. 

Administrative  officers,  547(78-82). 

Admiralty  Council,  543(54). 

Arrest,  541(31). 

Assembly,   right  of,  541(36). 

Associations,   542(38). 

Autocratic  power,  see  Emperor. 

Army,  538  nl. 

Budget,    546(72). 

Christians,  540  nl. 

Christians,  non-,  540  nl. 

Church  and  State,  540  nl. 

Citizens  :  540  nl ;  rights  and  duties,  541 
(27),  542(41). 

Coinage,   539(16). 

Conscience,  liberty  of,  542(39). 

Council  of  Ministers,  539(17),  542(45), 
547(78-82). 

Creator  of  the  universe,  540  nt. 

Criminal    offenses,   541(32). 

Crown   domains.   540(21).- 

Decorations,  539(19). 

Domains  of  Crown,  540(21). 

Domicile,   541(33). 

Duma,  see  Imperial  Duma. 

Eastern  Catholic  Orthodox  Christian  Re- 
ligion,  see   Russian   Orthodox   Church. 

Elections,   544  nl. 


RuMsia — Continued. 

Emperor  :  wiehls  supreme  power,  538(4)  ; 
prerogatives,  538(5)-540(22)  ;  power 
of  pardon,  540(23)  ;  ukases  and  or- 
ders, 541(26). 

Emperor's  possessions,  539(20). 

Empire,  540  nl. 

Empress,  538(6). 

Finance,  546(72-76). 

Finland,  Grand  Duchy,  537(2),  538  nl. 

Finnish  affairs,  538  nl. 

Foreign  relations,  539(12). 

Foreigners,  540  nl,  542(40). 

Holy  Synod,  540  nl. 

Imperial  Academy  of  Science,  544  nl. 

Imperial  Council :  convenes  annually,  54^ 
(56)  ;  composition,  544(58-59)  ;  func- 
tions, 545  (60) -547  (77)  ;  see  also  Im- 
perial Duma. 

Imperial  Duma,  542(45)  ;  convenes  an- 
nually, 544(56)  ;  composition,  544(58, 
59)  ;  functions,  545  (60) -547  (77)  ;  see 
also  Imperial  Council. 

Imperial  Manifesto,  17/30  October  1905,. 
537. 

Imperial  Senate,   543(48). 

Jews,  540  nl. 

Judiciary,   540(22). 

Lagthing,  Norwegian,  538  nl. 

Language,  official,  538(3). 

Laws,   542(421-543(55). 

Legislation,  544  nl,  n2. 

Legislation,  for  Finland,  538  nl. 

Legislative  power,  538(7). 

Loans,  546(76). 

Migration,  541(34). 

Military  affairs,  538  nl,  539(14),  541  (28)  ^ 
543(54),   547(77). 

Ministers,  547(78-79). 

Mohammedans,  540  nl. 

Moscow,  547  nl. 

Naval  affairs,  539(14),  543(54),  547(77). 

Non-Christians,  540  nl. 

Norwegian  Lagthing,  538  nl. 

Official    language,    538(3). 

Pagans,  540  nl. 

Pardon,    540(23). 

Peace,  539(13). 

Property    rights,    541(35). 

Prosecution,    541(30). 

Public  officials  (Russia),  538  nl. 

Religion,  freedom  of,  540  nl. 

Religion  :  State  Church,  540  «/. 

Russian  Orthodox  Church,  540  nl,  544  nl^ 

State  Church,  540  nl. 

Strike,  general,  of  October  1905  (Fin- 
land), 538  nt. 

Subjects,  540  nl. 

Succession.    540(24). 

Suffrage.   538   nl. 

Supreme  power,  sec  Emperor. 

Svod,  537  n4. 

Swedish  laws  of  1772  and  1789.  538  nf. 

Taxation,    541(29). 

Thought,  freedom  of.  542(37). 


671 


Hiissia 


INDEX. 


Russia — Continued. 

Titles,   539(19). 

Treaties,  539(13). 

Ukases,    539(20),    541(26),    544    nl,    n2, 
547  nl. 

Ustavs,  540  nt. 

War,  539(13). 

Zemstvo,  544  nl. 
Russian  Orthodox  Church,  544  1. 
Husso-Turkish  War,  87. 


Safe  conducts:  Cuba,  155(29). 
Safety,  public,  see  Public  order  and  safety. 
Sal  Name   (Turkey)    (cited),   590  n2. 
Salic  Law,  391  no. 
«alnave    (Haiti),  295. 
Salt  tax:  Germany,  227(38). 
rSalzburg    (Austria-Hungary),   6(8),   14(1), 
15(6). 

San   Giovanni    (Parish,    San    Marino),    550 
(9). 
,  San  Jose   (Costa  Rica),  143(116). 
San  Juan  del  Norte  (Nicaragua),  438(69). 
San  Marino:   549-552. 

Acquaviva,   550(9). 

Arringo,  549. 

Arringo   generate,   549. 

Borgo,  550(9). 

Captains  regents,  552(45). 

•Chiesa  nuova,   550(9). 

Citizens:  549(1),  550(2-3)  ;  eligibility  to 
vote,   551(37). 

Oongresso  degli  Studi,  549. 

•Congresso  dei  Legali,  549. 

Congresso  Economico  di  Stato,  549. 

Congresso  Militare,  549. 

Councilors,   551(39). 

Domagnano,    550(9). 

Electoral  districts,   550(8-10). 

Electoral    Regulations    of    5    May    1906 
549  n2. 

Electors,  552(44). 
Faetano,   550(9). 
Fiorentino,  550(9). 
Generate  Conaiglio  Principe,  549. 
Grand  General  Council,  549. 
Grand    Council:    549(l)-552(42)  ;    elec- 
tors,    549(l)-550(3)  ;     electoral     dis- 
tricts,    550     (8-10)  ;     eligibility,     551 
<37)  ;    renewal,    551(39-42)  ;    electoral 
:assemblies,  552(43)  ;  captains  regents, 
.552(45)  ;   vacancies,  551(40). 
Metropolitan  (Parish),  550(9). 
>lontegiardino,  550(9). 
Penal    Code,    552(46). 
San  Giovanni,  550(9). 
Seravalle,  550(9). 
;San  Stefano    (Bulgaria),  87. 
Sanitation,  see  Health,  public. 
Sanjaks  (Turkey),  603(109). 
Santa  Catharina    (Brazil),  66  nS. 
.Santo  Domingo  (Haiti),  295. 
i^ao  Paulo   (Brazil),  66  mi. 


Department    of     (France), 


224 


221 


219 


Saone-et-Loire, 

210(2). 
Sardinia,  337. 

Sarthe,  Department  of  (France),  210(2). 
Savoie,  Department  of   (France),  210(2). 
Savoy  (Italy),  837,  345  nl. 
Saxe-Altenburg     (Germany),     219(1),     221 

(6),  224  nl 
Saxe-Coburg-Gotha  (Germany),  219(1),  221 

(6),  224  nl 
Saxe-Meiningen  (Germany),  219(1),  221(6), 

224  nl 
Saxe- Weimar    (Germany).    219(1),   221(6), 

224  nl 
Saxony     (Germany),    219(1),    221(6), 

nl 
Schaumburg-Lippe   (Germany),  219(1) 

(6),  224  nl 
Schellenberg  (Liechtenstein),  375. 
Schleswig-Holstein,    217. 
Schwarzburg-Rudolstadt      (Germany), 

(1),  221(6),  224  nl 
Schwarzburg-Sondershausen         (Germany) , 

219(1),  221(6),  224  nl 
Science,  freedom  of:  Austria,  3(17)  ;  Costa 
Rica,  130(12)  ;  Panama,  465(13)  ;  Per- 
sia, 491(18)  ;  United  States,  611(8). 
Scotland,  253(11). 

Search  and  seizure   (legal)  :  United  States, 
618(4). 

Secret  negotiations:   Costa  Rica,  128(75). 
Secret   societies:    Turkey,   605(120). 
Sedan  (France),  192(11). 
Sedano   y   Agramonte,   J.    R.,  El  Libro   del 
ciudadano     cuhano      (cited),    155     nl, 
161   nl. 
Seigniorial  rights:  Austria,  17 (lie). 
Seine,  Department  of  (France),  210(2). 
Seine-et-Oise,      Department     of      (France), 

210(2). 
Seine-et-Marne,    Department    of    (France), 

210(2). 
Seine-Inf^rieure,   Department   of    (France), 

210(2). 
Senahodi  (Turkey),  587. 
S(;rbia:    553-586. 
Akkerman  Convention  of  7  October  1826, 

553. 
Alexinatz,  564(81). 
Alienation,  554(4)  ;  see  also  Territory. 
Amnesty,    660(51). 
Arms,  554(2). 
Army,  see  Military  affairs. 
Arrest,   555(9). 
Arrondissements,  578 (160)-579 (169) . 
Assembly,  right  of,  558(24). 
Association,  right  of,  558(25), 
Authors,   557(22). 
Belgrade:  553(2),    564(81);    University 

of,    583  nl. 
Benevolent  institutions,  583(193). 
Budget,    569(112),    579(173),    583(196), 

586(201). 
Censorship,  557(22). 
Charitable  establishments,  583(193). 


672 


INDEX. 


Serbia — Continued. 

Church,  582    (189-191). 

Citizens:     rights     and     duties,     555(6)- 

558(31). 
Civil   ilst,   562(66). 
Coinage,   560(49). 

Colors,  national,  554(2). 
Communes,   578  (160) -579  (169). 

Concessions,  580(176). 

Confiscation,  556(17). 

Constitution  :  of  29  June/11  July  1869, 
553(4)  :  of  22  December  1888/3  Jan- 
uary 1889,  5.13(5)  ;  of  5/18  June 
1903,   554-586;   revision   of,   584(200). 

Council  of  State:  573-575.  585(201); 
composition,  573(140-141)  ;  eligibility, 
574(142)  ;  attributions,  574(143)- 
575(145). 

Councilors,  567(98). 

Court  of  Accounts,  580(179)-581  (181). 

Court  of  Appeal,  586(201). 

Court  of  Cassation,  586(201). 

Death  penalty,  556(13). 

Debt,  public,  570(118). 

Departments,  555(5),  578(160) -579 
(169). 

Deputies,  564  (78-83),  566  (95) -568 
(100),   571(127). 

Domain,  public,  579(170)-580(178). 

Domain  of  King,  580(178). 

Domicile,   556(15). 

Eastern  Orthodox  Church,  554(3). 

Education,  557(21).  583(192). 

Engineers,  567(98). 

Envoys,  567(98). 

Executive  power,  559(38). 

Extradition,   558(31). 

Finances,  579(170)-580(178). 

Foreign  affairs,  560(52). 

Foreign  troops,  584(199). 

Foreigners,  558(30),  581(182). 

Form  of  government,  554(1). 

Gornje,  564(81). 

Hatt-i-s fieri f  of  12/24  December  1838, 
553(2). 

Impeachment,  572(136). 

Impost,  570(118),  579(170). 

Jagodina.  564(81). 

Judges,  576(154)-578(159). 

Judiciary:  559(39),  575-578;  Court  of 
Cassation,  575(149)  ;  Judges,  576 
(154)-578(159). 

Jury,  575(148). 

Karageorge,  553. 

King:  559-563,  585(201)  ;  person  of,  559 
(40-41);  prerogatives,  559(42)  -  561 
(57)  ;  oath,  561(60)  ;  regent,  501(61- 
62)  ;  civil  list,  562(66)  ;  succession, 
563(73-75). 

Knjashevatz,  564(81). 

Kragujevatz,   564(81). 

Krushevatz.  564(81). 

Law  of  3  May  1858,  553(3). 

Laws  recalled  Into  force,  585(201). 


Serbia — Continued. 

Legislative  power,  559(33-37). 

Leskovatz,  564(81). 

Letters,  secrecy  of,  557(23). 

Liberty  of  conscience,  557(18). 

Liberty,  personal,  555(9). 

Loznltza,  564(81). 

Migration,  556(14). 

Milan  I,  561  nJ. 

Milanovatz,  564(81). 

Military  affairs,  559(46),  583(194)-584 
(199). 

Military  tribunals,  583(197). 

Mines,  580(175). 

Minister  of  Cults,   582(189). 

Ministers,    567(98),    572(131)-573(139). 

Monopoly,  580(176). 

Montenegro,   553(4). 

Municipal   affairs,    578(162-163). 

National   representation,  see  Skupshtina. 

National  Skupshtina,  568(101-106)  ;  see 
also  Skupshtina  ;  Ordinary  Skupshtina. 
.  Nationality,   558(29). 

Naturalization,  575(9). 

Negotin,  564(81). 

Nish,  564(81). 

Nobility,    titles   of,    555(8). 

Oaths,  561(60),  568(106). 

Obrenovitch,  dynasty  of,  561  nl. 

Official   Journal,   586(202). 

Okrug,  555(5). 

Opshtina,  555(5). 

Ordinary  National  Skupshtina.  567(100)  ; 
see  also  Skupshtina ;  National  Skup- 
shtina. 

Orphans,   582(188). 

Paratjin,  564(81). 

Peace,  560(52). 

Pension,  579(172). 

Peter  Karageorgevitch,  554(6). 

Peter  I,  King  of  Serbia,  585(201). 

Petition,  right  of,  558(26). 

Pirot,   564(81). 

Physicians,  567(98). 

Posharevatz,  564(81). 

Powers    of   State,    see   State,  powers   of. 

Pres.s,  557(22). 

Professors,   567(98). 

Prokuplje,   564(81). 

Property  rights,  556(16). 

Proselyti.sm,  557(19). 

Public  service,  581(182)-582(188). 

Publications,  557(22). 

Publishers.   557(22). 

Regents,   561  (62) -562  (65). 

Religion,  557(19),  582(189-191). 

Retirement  of  officials,  582(187). 

Schools.    583(192). 

Seizure,  557(22). 

Shabatz,  564(81). 

Skupshtina  :  563-571  ;  composition,  563 
(77-81)  ;  eligibility  to,  564  (84) -565 
(87)  ;  elections,  565 (88) -566 (93)  ; 
deputies,  566  (94) -567  (99)  ;  oath  of 
deputies,     568(106)  ;     functions,     569 


673 


Serbia 


INDEX. 


Serbia — Continued. 

Skupshtina — Continued. 

(108)-571(200)  ;     see    also     Ordinary 
Skupshtina  ;  National  Skupshtina. 
Smederevo,  564(81). 
Speech,  freedom  of,  557(22). 
Srez,  555(5). 

State,  powers  of,  558(32)-559(39). 
State  religion,  554(3),  557(19). 
Succession,  561(57). 
Svilajnatz,  564(81). 
Synod,  582(189). 
Taxation,  579(170-171). 
Territory  of  State,  554(4)-555(5). 
Titles,  555(8). 
Tjuprija,  564(81). 
Treaties,  560(52). 
Treaty  of  Adrianople,  553. 
Tribunals  ;  see  Judiciary. 
Tshatshak,  564(81). 
Universal  Eastern  Church,  554(8). 
University  of  Belgrade,  583  nl. 
Ushitze,  564(81). 
Ustav,  553(3). 
Valjevo,  564(81). 
Vranja,  564(81). 
War,  560(52). 
Widows,  582(188). 
Zajeshar,  564(81). 
'  Zadrugari,  564(84). 
Seravalle   (Parish,  San  Marino),  550(9). 
Sergipe  (Brazil),  66  nS. 
Servitude,  see  Slavery. 
Shabatz   (Serbia),  564(81). 
Sharkieh  (Egypt),  177(3). 
Sheik-ul-Islam  (Turkey),  591(7). 
Sheri  (Turkey),  491(15),  590(3),  601(87). 
Shiah    Sect    of    Islam,    Twelve    Imams    of 

(Persia),  490(1). 
Siam,  587. 

Sicily,  349(15),  337  nl. 

Siege,  state  of:  Brazil,  68(21),  73(48),  81 
(80)  ;  Bulgaria,  94(73)  ;  China,  109 
(36)  ;  Haiti,  312(125)  ;  Honduras,  321 
,  (74),  325(35),  329(21),  335(162)  ; 
Japan,  352(14)  ;  Nicaragua,  438(62), 
442(21),  447(16)  ;  Portugal,  502(31), 
506(16),  510(6). 
Silesia,  Lower  (Austria-Hungary),  6(8),  14 

(1),  15(6). 
Silesia,  Upper  (Austria-Hungary),  6(8),  14 

(1),  15(6). 
Silver  coin:  United  States,  613(10). 
Sinoe  County  (Liberia),  364(5). 
Skupshtina:     Montenegro,     409(17),     412- 

417;  Serbia,  568(101-106). 
Slavery:  Bulgaria,  93(61)  ;  Costa  Rica,  120 
(42)  ;  Cuba,  1.53(6)  ;  Greece,  264(13)  ; 
Honduras,   320(53)  ;    Liberia,   360(4)  ; 
Panama,  460(19)  ;   United   States,  620 
(13),  622(4). 
Slavouia   ( Austria-Hungary  1,  26  nk,  29  nS. 
Smederevo  (Serbia),  564(81). 
Social  orders:   Cuba,   155(25). 
Societies,  see  Associations. 


Society  of  Jesus   (Portugal),  500(12). 
Somme,  Department  of  (France),  210(2). 
Sophia,   Princess,  electrix  of   Hanover,   259 

nS. 
Soulouque,  General,  295. 
South  Carolina  (U.  S.  A.),  609(2),  621  nZ. 
South  China,  105. 
South  Dakota  (U.  S.  A.),  621  n2. 
South  German  States,  217. 
Sovereignty:    Cuba,    151(1),    156(36),    157 

(43)  ;  Haiti,  298(27-30)  ;  Luxemburg, 

395(32)  ;   Nicaragua,   431(1),  432(2)  ; 

Panama,  458(2)  ;  Portugal,  503(5-6)  ; 

Turkey,    590(3). 
Spain,  151. 
Spaniards,   153(6). 
Spanish-American  War,  151. 
Spanish-Americans,   316(9),   433(3). 
Speech,  freedom  of:  Brazil,  79(12)  ;  China, 

106(6)  ;  Cuba,  155(25)  ;  Great  Britain, 

257;  Greece,  264(14)  ;  Guatemala,  282 

(26)  ;  Haiti,  297(16)  ;  Italy,  358  (29)  ; 

Liberia,     362(15)  ;     Luxemburg,     394 

(24),  Montenegro,  427(209)  ;  Panama, 
■    461(27);   Roumania,  521(24);   Serbia, 

557(22)  ;  United  States,  618(1). 
Srez  (Serbia),  555(5).  .■ 

Staatsarchiv    (cited),   175  nl.  " 

Staatsverfasungen    des    Erdballs,    Die,    see 

Posener,  Paul. 
Stanton,     Otis     G.     (translator),     392     n. 

407  nS,  517  nn,  554  nS. 
Stanton,  Ruth  E.,  iv  ;   (translator),  26  nS, 
State,  safety  of:  Cuba,  157(41). 
State  property,  see  Property,  State. 
Statesman's  Year  Book  (1918)  (cited),  1 

261  n7,  354  n^,  482  nl,  587  n2. 
Statthalter  (Austria),  18  nl. 
Statute    Law   Revision   Act,    1863    (cited 

240  ^12,  ti3,  241  n3,  242  n2,  n6,  254 

259  nl. 
Statutes,     The:     Second     Revised    Edition, 

1888  :   240  n2,  243  nS,  244  nl,  245  w2, 

248  n2,  256  nl,  259  n2. 
Statuto    fondamentale    of    4    March    1848 

(Italy),   337. 
Statutum    de    tallagio    non    concedendo    of 

1297   (England),  244-5. 
Stoerk-Rauchhaupt,     Handbuch     der     deut- 

schen    Verfassungen    (second    edition) 

(cited),  218  n6,  221  n8. 
Strike,  general,  of  October  1905   (Finland) 

538  nl. 
Stjria     (Austria-Hungary),     6(8),     14(1 

15(6). 

Subsidies:    Haiti,    310(112);    Hungary,   27. 
Succession:    Bulgaria,    90(24),    91(32-37); 

Costa  Rica.  149(2)  ;  Greece,  267(68)  ; 

Montenegro,     410(23)-411  (34)  ;     Rus- 
sia,   540(24)  ;    Serbia,    561(57). 
Suciava    (Roumania),    525(62). 
Suez,    177(3). 
Suffrage:     Costa     Rica,     121-123;     Cuba, 

156(38)  ;     Finland,     538    nl;    France, 

191(7)  ;  Germany,  224(20)  ;  Honduras, 


I 


C74 


INDEX. 


Turkey 


Suffrage — Continued. 

317(24)  ;    Panama,    403(49)  ;    Russia, 

53B  111;  Ban  Marino,  551(37)  ;  United 

States.    G17(5). 
Sultan    (Turkey),    590(5-7). 
Sun   Yat-sen,    105, 

iiuplantacidn   (Costa  Rica),  140(103). 
Supreme     Calipliate     of     Islam     (Turkey), 

590(3). 
Supreme    rontifT,    347-349^. 
Svilajnatz    (Serbia),  564(81). 
Svod,    537   nJ,. 

Swedish  laws  of  1772  and  1789,  538  nl. 
Synod,    Holy,    540    nl, 
Szoereny  (Hungary),  35(4). 
Szolnok    (Hungary),   35(4). 

Table  of  Magnates  (Hungary),  38(1), 
40(5-10). 

Takvim-i-Vekui    (Turkey),    (cited),   590   n2. 

Tangier,    253(11). 

Tarn,  Department  of   (France),  210(2). 

Tarn-et-Garonne,  Department  of  (France), 
210(2). 

Taxation:  Austria,  16(11);  Austria-Hun- 
gary, 4(2),  10(4)  ;  Brazil,  63(7)  ;  Bul- 
garia, 92(48),  94(69),  98(105)  ;  Cliina, 
106(13),  107(19);  Costa  Rica, 
145(120);  Cuba,  156(34),  162(8); 
Egypt,  179(17)  ;  Germany,  220(4)  ; 
Greece,  270(59)  ;  Guatemala,  285(54)  ; 
Honduras.  321(66),  325(26);  Hun- 
gary, 33;  Italy,  341(30);  Japan,  353 
(21),  357(62)  ;  Liechtenstein,  380(40, 
43)  ;  Nicaragua,  443(13),  437(55),  442 
(13),  Panama,  462(41-43),  466(21); 
Persia,  497  (94-95)  ;  Portugal,  502(27)  ; 
Russia,  541(29)  ;  Serbia,  579(170-171)  ; 
Turkey,  589,592(20)  ;  United  States, 
608(2),  611(8),  612(9),  622(16). 

Teaching,  freedom  of:  Austria,  13(17); 
Haiti,  297(18). 

Teheran,  481,  483(6). 

Teleorman  (Roumania),  525(62). 

Temes  (Hungary) ,  35(4). 

Tennessee  (U.  S.  A.),  621  rt2. 

Territory:  Belgium,  44(33);  Bulgaria,  88 
(1-3)  ;  Co§ta  Rica,  113(5),  143(116), 
130(6)  ;  Cuba,  165(17)  ;  Greece,  266 
(33);  Honduras,  322(77),  325(28); 
Luxemburg,  392(1-2)  ;  Montenegro,  411 
(36)  ;  Panama,  457(1),  458(3-5)  ;  Per- 
sia, 485(22)  ;  Portugal,  490-506(12)  ; 
Roumania,  517(1)  -  518(4)  ;  Serbia, 
554-555;  United  States,  616(3);  see 
also  Alienation  of  territory. 

Texas   (U.  S.  A.),  621  n2. 

Thiers,  192(11). 

Tibet,  106(3),  107(18). 

Tinnin  (Hungary),  39(4). 

Tirnovo  (Brazil),  87. 

Titles,  see  Nobility. 

Tjuprija  (Serbia),  564(81). 

Tobacco:  Germany,  226(35),  227(38); 
Honduras,  320(59). 


Tokyo,  351  n2. 

Torontal   (Hungary),  35(4). 

Torre  and  Espada,  Order  of  (Portugal),  513 

(75). 
Torture:  Bulgaria,  95(75);  Honduras,  319 
(43)  ;    Nicaragua,     435(35)  ;     Turkey, 
589,  593(26). 
Trade-marks:   Austria,   17(11);   Brazil,   80 

(27)  ;  Nicaragua,  437(59). 
Trades    and    occupation,    see    Occupation, 

freedom  of. 
TraAUs,  Rerueil  de  (cited),  392  nh 
Treason:  China.  107(19)  ;  Costa  Rica,  112 
(3),   120(48)  ;  France.   194(6)  ;  Haiti. 
297(15)  ;     Panama,    469(78)  ;    United 
States,  610(6),  615(4),  616(3). 
Treasury,  see  Finance. 

Treaties:  Austria,  16(11),  24(6)  ;  Belgium, 
52(68)  ;  Brazil,  68(12),  73(48)  ;  Bul- 
garia, 89(17)  ;  China,  109(35)  ;  Costa 
Rica,  112(3),  128(76);  Cuba,  159(6), 
162(12),  164(7),  168(93),  173(1); 
France,  196(8)  ;  Germany,  219(3),  223 
(11)  ;  Greece,  266(32)  ;  Guatemala,  286 
(9);  Haiti,  305(75),  312(127);  Hon- 
<iuras,  325(22),  326(99),  328(14); 
Italy,  338(5)  ;  Japan,  352(13)  ;  Lux- 
emburg, 396(37)  ;  Nicaragua,  432(2), 
433(11,  16),  442(7),  446(10),  454 
(162)  ;  Panama,  465(6)  ;  Persia,  485 
(24),  494(52)  ;  Portugal,  506(15),  510 
(7),  513(73)  ;  Russia,  539(13)  ;  Serbia, 
560(52)  ;  United  States,  613(10),  614 
(2),  615(2),  617(6). 
Treaties,  Conventions,  International  Acts, 
Protocols,  and  Agreements  between  the 
United  States  of  America  and  other 
Powers,  by  W.  M.  Mallory  (cited),  see 
Mallory,  W.  M. 
Treaty,  see  under  name  of  place  where  con- 
cluded. 
Treaty  of  28  June  1835  (Cuba).  153(6). 
Trial  by  jury:   United  States,  615(2),  619 

(6),  619(7). 
Tribunals:  United  States,  611(8). 
Tribute:  Egypt,  180(20). 
Triest     (Austria-Hungary),     6(8),     14(1), 

15(6). 
Troppau   (Liechtenstein),  375. 
Tsan  Cheng  Yuan,  105. 
Tshatshak    (Serbia),  564(81). 
Turco-Russian  War,  517. 
Turkey  I    589-605. 

Ambassadors,  598(62). 

Assembly,  right  of,  605(120). 

Associations,  592(13). 

Bankruptcy,  599(6). 

Berat,  600(81). 

Board    of    Accounts,    603(105-107)  ;    sett 

also  Finance. 
Budget,  598(64),  602(06-102). 
Cabinet,  see  Council  of  Ministers  ;  Cham- 
ber of  Deputies. 
Cabinet    ministers,    598(62). 


675 


Turkey 


INDEX. 


Turkey — Continued. 

Chamber  of  Deputies:  593(30)-595(38)  ; 
598 (65) -600 (80)  ;  elections,  598(66)- 
599(72)  ;  salary,  599(76)  ;  debates, 
600(78)  ;  see  also  Senate,  Parliament, 
Cabinet. 

Chamber  of  Judgment,  see  High  Court. 

Charges  Chamber,  see  High  Court. 

Chief  Rabbi,  598(62). 

Citizens:  591-593. 

Coinage,  590(7). 

Confiscation,  589,  593(24). 

Constantinople,  590(2). 

Constitution,  amendments,  604(115-116). 

Council  of  Ministers,  593(28-29)  ;  see 
also  Chamber  of  Deputies. 

Council  of  State,  604(117). 

Court  of  Cassation,  604(117). 

Domicile,  592(22). 

Education,  592(15),  604(114). 

Equality  before  law,  589,  692(17). 

Finance:   598(64),  602(96)-603(107). 

Forced  labor,  593(24). 

J^oreigners,  599(10). 

Generals,  598(62). 

Government  service,  592(19). 

Govei-nor  General,  598(62). 

Grand  Vizier,  591(7),  593(27). 

Hatt-i-humayoun  of  18  February  1856, 
589. 

Hatt-irsherif  of  3  November,  1839,  589. 

High  Court:  601 (92)-602(95) ;  Charges 
Chamber,  601(93)  ;  Chamber  of  Judg- 
ment, 601(93)  ;  see  also  Judiciary. 

Judiciary:  600(81)-601(91)  ;  see  also 
High    Court. 

Juge  d'instruction,  605(119). 

Kazas,  603(109). 

Kazi  asker,  598(62). 

Letters,  secrecy  of,  605(119). 

Martial  law,  604(113). 

Ministers,  593(30)-595(37). 

Municipal  affairs,  604(112). 

Mussulman  faith,  590(4),  591(11). 

Mustantik,  605(119). 

Muvella,    601(89). 

Nizam,  601(87). 

Official   Almanac,   500  n2. 

Official  Gazette,  590  n2. 

Ordu  mushiri,  598(62). 

Orphans,  603(111). 

Osman,    House  of,  590(3). 

Ottoman,  591(8-9). 

Padishah,  589. 

Parliament:  595(42)-597(59)  ;  meeting, 
595 (43) -596 (45)  ;  oath,  596(46)  ; 
members,  rights  and  privileges,  596 
(47-50)  ;  functions,  597(51-59)  ;  see 
also  Senate ;  Chamber  of  Deputies ; 
Cabinet. 

Patriarch,  598(62). 

Personal   liberty,   591(10). 

Petition,  right  of,  592(14). 

Press,  592(12). 

Property,  589,  592(21). 


Turkey — Continued. 

Provinces,  603(108)-604(112). 

Public   officials,   595(39-41). 

Sal  Name,  590  n2. 

Sanjaksi.  603(109). 

Secret  societies,  605(120). 

Senate,   597(60)-598(64),  604(117),  605] 
(121)  ;  see  also  Chamber  of  Deputies 
Parliament ;  Cabinet. 

Sheik-ul-Islam,  591(7),  593(27). 

Sheri,  590(3),  601(87). 

Sovereignty,  590(3). 

Sultan,  person  of,  590    (5-7). 

Superior  judge,  598(62). 

Supreme  Caliphate  of  Islam,  590(3). 

Takvim-i-Vekui,  590  n2. 

Taxation,   589,   592(20). 

Titles,  590(7). 

Torture,  589,  593(26). 

Treaty  of  Berlin  of  13  July  1878,  589. 

Turkish    language,    592(18). 

Vakf,  603(111). 

Vali,  598(62). 

Vilayets,  603(109). 

Worship,  freedom  of,  589. 

Young  Turk   party,   590. 
Turkish  language,  592(18). 
Turnu-Magurele   (Roumania),  525(62). 
Turuu-Severin   (Roumania),  525(62). 
Tuscany,    337    nl. 
Tutova    (Roumania),   525(62). 
Tyau,    Min-ch'ien   T.   Z.,   China's  New   Con-\ 
stitution    and    International    Problems] 
(cited),    105   n2. 
Tyrol  (Austria),  6(8),  14(1),  15(6). 

Ukases     (Russia),    539(20),    541(26),    544] 

nl,  n2,  547  nl. 
Ulema,  490(2). 
Umhria,  337  nl. 

Union  of  Belgium  and  Holland,  43. 
United  States,   Department  of  State,  trans- 
lation  of   Constitution   of   Greece,   262] 
nl. 
United     States     of     America:     151,     476'J 
(136),  607-623. 

Alabama,  621  n2. 

Alaska,   621   n2. 

Ambassadors,  614(2).  615(2). 

Apportionment,  608(2),  621  n2,  622(16), 

Appropriate   legislation,    611(8),    620(2),] 
622(5),   622(2). 

Arizona,    621    n2. 

Arkansas,   621    n2. 

Armies,  see  Military  affairs. 

Arms,  618(2). 

Arrest,   610(6). 

Arsenals,   611(8). 

Arts,  611(8). 

Attainder,  612(9),  613(10),  616(3). 

Authors.   611(8). 

Bail,  619(8). 

Ballot,  619(12). 

Bankruptcies,  611(8). 

Bills  of  credit,  613(10). 


676 


INDEX. 


United  State)) 


United    States   of  America — Continued. 
IK)unties,    622(4). 
Bribery,  615(4). 
California,    621    n2. 
Capitation,   612(9). 
Census,  608(2),  612(9). 
Chief  justiee,  609(3). 
Citizens,  608(2),  609(3),  6i:i(l). 
Citizenship,  616(2),  621(1). 
Coins  and   coinage,   609(3),  611(8),  613 

(10). 
Colorado,   621    n2. 
Commerce,  611(8),  612(9). 
Congre.ss,  608(1)-612(9),  613(1)-615(3), 

616(1),    617(5),    620(2),    621(3),    622 

(5),  622(15-16). 
Connecticut,    621    n2. 
Constitution,  611(8),  613(1),  615(2),  616 

(3),    617(5),    617(6),    618(7),    619(9- 

10),  621(3). 
Constitution,    amendments,    618-623. 
Copyright,   611(8). 
Courts,  611(8),  614(2),  615(1). 
Credit    (States),   616(1). 
Credit  of  U.  S.,  611(8). 
Criminal  prosecution,  618(5),  619(6). 
Debt  of  the  United  States,  622(4). 
Debts,  payment  of,  613(10). 
Defense,   611(8). 
Delaware,  608(2),  621  n3. 
Departments,   614(2). 
District  of  Columbia,  011(8). 
Duties,  customs,  011(8).  613(10). 
Duty  of  tonnage,  613(10). 
Elections,  609(4),  610(5),  613(1). 
Electors,  613(1),  619(12). 
Emancipation,    621(1). 
Emolument  from  foreign  powers,  610(7). 
Enemies.   616(3). 
Equality    before   law,    621(1). 
Executive  departments,  614(2). 
Executive  legislation,  611(8). 
Executive   power,    613(1). 
Excises,    611(8),    613(10). 
Export,    612(9),   613(10). 
Ex  post  facto  laws,  612(9),  613(10). 
Felony,  610(6),  611(8). 
Finance,   611(8),   612(9). 
Fines,   619(8). 
Florida,    621    n2. 
Foreign  Powers,  613(10). 
Foreigners,  619(11). 
Forfeiture,  616(3). 
Form   of   government,   617(4). 
Formation  of  new  States,  616(3). 
Forts,  611(8). 
Freedom  of  speech,  618(1). 
Fugitives,   616(2). 
Georgia,  608(2),  621  n2. 
Gold  and  silver  coin,  613(10). 
Government,  form  of,  617(4). 
Grand  jury,  618(5). 
Guarantee     against     domestic     violence, 

617(4). 
Habeas  corpus,  612(9). 
Hawaii,  621  ni. 


rnlte<l   .stateH  of  America — Continued. 

Heads  of  departments,  614(2). 

House  of  Repn'sentatives,  608(2),  610(5- 

7),  619(12),   621(3). 
Idaho,  621   n2. 
Illinois,    621    n2. 
Immigration,  613(10). 
Immunities.  610(6),  613(10),  621(1). 
Impeachment,    608(2),    609(3),    614(2), 

615(4),  615(2). 
Imports  and  exports,  613(10). 
Imposts,   611(8). 
Incomes,  622(16). 
Indian  tribes,  611(8). 
Indiana,  621  n2. 
Indictment,    618(5). 
Insurrection,  611(8),  621(3). 
Invasion,  612(9),  613(10),  617(4). 
Inventors,  611(8). 
Involuntary  servitude,  620(1). 
Intoxicating  liquors,  623(1). 
Iowa,   621   n2. 
.Journal  of  Houses,  610(5). 
Judges,  615(1),   617(6). 
Judiciary:   615(2),   616(1),  617(6),  619 

(11);   courts,  611(8),  614(2),  615(1). 
Junction  of  two  or  more  States,  616(3). 
Jurisdiction,  615(2),  616(3). 
Jury  triai,  615(2),  619(6),  619(7). 
Kansas,  621  n2. 
Kentucky,  621  n2. 
Law  of  nations,  611(8). 
Law  of  the  land,  617(6). 
Laws.    611(8),   615(2). 
L^gal   tender,   613(10). 
Legislation,  611(8),  620(2),  622(5),  622 

(15). 
Legislative  powers,  608(1). 
Letters  of  marque.  611(8). 
Liquors,  see  Intoxicating  liquors. 
Louisiana,  621  n?. 
Magazines,    611(8). 
Maine,  621  n^. 

Maritime  jurisdiction,  615(2). 
Maryland.  607  nl,  608(2),  621  ni. 
Massachusetts,  607  nJ,  608(2),  621  ni. 
Measures,  611(8). 
Michigan,  621  n2. 
Military  affairs.   611(8). 
Militia,  611(8),  618(2). 
Minnesota,    621    ni. 
Misdemeanor,  615(4). 
Mississippi,  621  n2. 
Missouri,  621  n2.    . 
Money,  611(8),  612(9). 
Montana,  621  n2. 
Natural-born  citizens,  614(1). 
Naturalization.  611(8),  621(1). 
Naval  affairs.  611(8),  615(2). 
Nebraska,  621  «2. 
Nevada,  621  ti2. 

New  Hampshire.  608(2),  621  ni. 
New  Jersey,  608(2).  621  n2. 
New  Mexico,  621  «2. 
New  States  may  be  admitted,  616(3). 


677 


United  States 


INDEX. 


United  States  of  America— Continued. 
New  York,  608(2),  621  nZ. 
Nobility,  612(9). 
North  Carolina,  608(2),  621  n2. 
North  Dakota,  621  n2. 
Oaths,  609(3),  613(1),  617(6). 
Offenses    against    the    law    of     nations, 

611(8). 
Offenses  against  the  United   States,  614 

Office  under  the  United   States,  610(6), 

612(9). 
Ohio,  621  n2. 
Oklahoma,  621  nZ. 
Oregon,  621  n2. 
Overt  act,  616(3). 
Pardon,  614(2). 
Patent  rights,  611(8). 
Peace,  610(6),  613(10),  618(3). 
Pennsylvania,  607  nl,  608(2),  621  nZ. 
Pensions,  622(4). 
Petition,  right  of,  618(1). 
Philippine  Islands,  621  n2. 
Piracies,  611(8). 
Porto  Rico,  621  n2. 
Ports,  612(9). 
Post  offices,  611(8). 
Post  roads,  611(8). 
President.    609(3),   610(7),   613(1),   614 

(2),  615(3),  619(12). 
President  of  the  Senate,  609(3). 
President  pro  tempore,  609(3). 
Press,  618(1). 
Private  property,  618(5). 
Prizes,  611(8). 
Process  of  law,  618(5). 
Property  of  the  United  States,  617(3). 
Prosecutions,  619(6). 
Protection  of  the  law,  621(1). 
Public  debt,  622(4). 
Public  trial,  619(6). 
Punishment,  excessive,  619(8). 
Punishment  according  to  law,  609(3). 
Quorum  in  Congress,  610(5),  620(12). 
Race,   622 '(15). 

Ratification  of  amendments,  617(5). 
Ratio  of  representation,  608(2),  621(2). 
Rebellion,    611(8),    621(3). 
Religion,    617(6),    618(1). 
Representation      and      direct      taxation, 

608(2),   621(2). 
Representatives,        608(1-2),        609(4), 

610(6-7),   613(1),   617(6),   621(2-3). 
Reprisal,    611(8),    613(10). 
Republican  form  of  government,  617(4). 
Revenue,   610(7),   6l2(9). 
Rhode  Island,  608(2),  ife21  nZ. 
Rules   of  proceedings,  \610(5). 
Science  and  arts,  611(8). 
Searches  and  seizure.s,  618(4). 
Seat  of  Government,  611(8). 
Security  of  a  free  State,  618(2). 
Senate,      009(3),      610(5,      7),      614(2), 

615(3),   617(5). 


United    States   of   America — Continued. 

Senators,    609(3)-610(6),    613(1),      614 
(2),   615(3),   617(5-6). 

Servitude,   620(1),   622(15). 

Ships  of  war,  61o(10). 

Silver  coin,   613(10). 

Slavery,    620(13),   622(4). 

Soldiers,   618(3). 

South  Carolina,  609(2),  621  n2. 

South  Dakota,  621  n2. 

Speech,  freedom  of,  618(1). 

State  of  the  Union,  615(3). 

State    legislatures,    617(6). 

States,  608(2),  611(8),  613(10),  616(1)- 
617(4),    617(5),    618(7),    619(10,    12). 

Suffrage  in  Senate,  617(5). 

Suits  at  common  law,  619(7),  619(11). 

Supreme   Court,   611(8),   615(1-2). 

Supreme  law,  617(6). 

Taxation,        608(2),        611(8),       612(9), 
622(16). 

Tennessee,    621    n2. 

Territory,    616(3). 

Texas,    621    n2. 

Tie  vote,  609(3). 

Treason,  610(6),  615(4),  610(3). 

Treaties,    613(10),    614(2),    615(2),    617 
(6). 

Trial  by  jury,  615(2),  619(6),  619(7). 

Tribunals,   611(8). 

Utah,    621   n2. 

Vacancies,  608(2),  609(3),  615(3). 

Vermont,  621  n2. 

Veto,  611(7). 

Vice-President,    609(3),    613(1),    615(4), 
619(12). 

Virginia,   609(2),   621  n2. 

Vote,    609(.S),    610(7),    610(5),    609(3), 
614(2),  617(5),  622(15),  623  n2. 

War,  611(8),  613(10). 

Warrants,  618(4). 

Washington,  621  n2. 

Weights  and  measures,  611(8). 

West  Virginia,  621  n2. 

Wisconsin,    621    n2. 

Wyoming,  621   n2. 
Universal    Eastern    Church     (Serbia),    554 

(3). 
Ushitze   (Serbia),  564(81). 
Ustav  (Serbia),  540  nl,  553(3). 
Utah   (U.  S.  A.),  621  n2. 


Vaduz  (Liechtenstein),  375. 

Vakf   (Turkey),  603(111). 

Vali  (Turkey),  598(62). 

Valiahd,   493(37). 

Valjevo    (Serbia),    564(81). 

Var,  Department  of  (France),  210(2). 

Vassalage:  Austria,  12(7). 

Vatican,  348(5),  349(12). 

Vaucluse,  Department  of  (France),  210(' 

Vendc^e,  Department  of   (France),  210(2) 

Venice,  Province  of,  337  nl. 

Veraguas,  458(14). 


678 


IKDEX. 


Zeydtl 


Verfassung  des  dentschen  Reichs,  see 
Arndt,  A. 

Vermont   (U.  S.  A.),  621  n2. 

Versailles,  104  m7,  198  n2. 

Verordnuiigen   (Austria),  22(7). 

Veterinary  matters:  Germany,  221(15). 

Veto:  Brazil,  69(37)  ;  China,  108(23)  ;  Costa 
Rica,  146(121)  ;  United  States,  611(7). 

Victor  Emmanuel  II  (Italy),  37. 

Victoria  (Great  Britain),  241  iv2,  259  nl. 

Vienna,   Congress  of,  391. 

Vienmi,  Treaty  of,  392  m^/. 

VIonne,  Department  of  (France),  210(2). 

Vilayets  (Turkey),  603(109). 

Vilayos,  surrender  of  Hungarians  at,  13 
Aug.    1849,   25. 

Vincent,  J.  M.,  and  A.  S.  Vincent,  Supple- 
ment to  the  Annals  of  the  American 
Academjf  of  Political  and  Social  Sci- 
ences, May,  J896   (cited),  44  nl. 

Virginia  (U.  S.  A.),  609(2),  621  n2. 

Voralberg   (Austria),   6(8),  14(1),  15(6). 

Vosges,  Department  of  (France),  210(2). 

Voto   de  gualidade    (Brazil),   67(32). 

Vranja  (Serbia),  564(81). 

Wages:  Egypt,  184(40). 

Waldeck  (Germany),  219(1),  221(6), 
224  n.',. 

Wales,    253(10). 

Walferdange,  chateau  of,  396(44), 

Walker,   William,    431. 

Wallachia,   517. 

War:  Austria,  24(5);  Brazil,  60(11), 
72(42);  Bulgaria,  104(161);  China, 
109(35)  ;  Costa  Rica,  114(15), 
128(76),  137(99) ;  Cuba,  162(12) ; 
.  France,  197(9)  ;  Germany,  223(11)  ; 
Greece,  266(32)  ;  Guatemala,  286(14)  ; 
Honduras,  321(67),  325(32),  .328(12), 
330(114),  352(13),  356  nl;  Nicaragua, 
442(18),  447(25)  ;  Panama,  465(7)  ; 
Russia,  539(13)  ;  Serbia,  560(52)  ; 
United  States,  611(8),  613(10). 

Wars  of  Independence   (Cuba),   163(65). 
k Washington  (U.  S.  A.),  621  n2. 


Waterways,  sec  Canals. 

Watrrhif/en  (Belgium),  57(11.S). 

Waterloo,    191(5). 

Weights  and  measures:  Austria,  17(11); 
Brazil,  68(9)  ;  China,  107(19)  ;  Costa 
Rica,  130(8);  Cuba,  161(59);  Ger- 
many, 220(4)  ;  Guatemala,  286(8)  ; 
Honduras,  329(29)  ;  Nicaragua, 

442(17)  ;  Panama,  466(23)  ;  Portu- 
gal, 506(10)  ;  United  States,  611(8). 

West  Flanders   (Belgium),  44(1). 

West  Virginia   (U.  S.  A.),  621  n2. 

Westminster,  256(1). 

Whipping:    Nicaragua,   435(35). 

White's  Award  of  12  Sept.  1914,  113(5). 

Wied,   William  of,   Prince,   1. 

William  III    (Luxemburg),  391. 

William  and  Mary  (England),  256(1), 
258,   and   nS. 

William  of  Wied,  Prince,  1. 

Wisconsin   (U.  S.  A.),  621  n2. 

Women:  Nicaragua,  432(9)-433(10)  ; 
United  States,  623  n2. 

Wood,  Gen.  Leonard,  Oaceta  (Cuba)  (cited), 
151    nl 

Wright,  Herbert  F.  (editor),  iii-iv  ;  (trans- 
lator), 295  nl 

Writers:  Bulgaria,  95(79);  Greece, 
264(14)  ;  Roumania,  521(24)  ;  see  aUo 
Authors. 

Wurttemberg,  219(1),  221(6),  224  nl,, 
231    nS. 

Wyoming   (U.  S.  A.),  621  ni. 


Yangtse    River,    105. 

Yonne,  Department  of  (France),  210(2). 

Young  Turk  Party,  590. 

Yuan   Shi-Kal,    105. 


Zadrugari    (Serbia),    564(84). 
Zajeshar    (Serbia),   564(81). 
Zarand     (Hungary),    35(4). 
Zemstvo,  544  nl. 
Zeydel,  E.  H.,   (translator),  375  nS. 


O 


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